Salt Lake City v. Davidson

2000 UT App 012, 994 P.2d 1283, 387 Utah Adv. Rep. 54, 2000 Utah App. LEXIS 5, 2000 WL 64312
Court of Appeals of Utah·Decided January 27, 2000·No. 981508-CA·Published·Cited by 23 cases

Opinions

OPINION

GREENWOOD, Presiding Judge:

¶ 1 Defendant Steven Davidson appeals the trial court’s denial of his motion to suppress evidence and subsequent conviction for possession of drug paraphernalia, a class B misdemeanor, in violation of Salt Lake City Code § 11.20.040.2 We reverse.

BACKGROUND

¶ 2 “In reviewing the trial court’s ruling, we recite the facts in a light most favorable to the trial court’s findings.” State v. Anderson, 910 P.2d 1229, 1230 (Utah 1996).

¶ 3 On April 11,1998, Officer Alvin Heden-strom of the Salt Lake City Police Department was dispatched to 1129 Third Avenue on a report of a possible heroin overdose. Upon arrival, Officer Hedenstrom found paramedics and firefighters attending to an unconscious man who was lying face up on the kitchen floor. Defendant was also present in the kitchen.

¶ 4 When Officer Hedenstrom entered the kitchen, paramedics immediately asked him to remove defendant. Officer Hedenstrom complied and took defendant to an adjacent room where he obtained defendant’s name and date of birth. Next, Officer Hedenstrom asked defendant for his address, which de[1285]*1285fendant refused to provide. Defendant stated that he and the unconscious man did not live at the house. As Officer Hedenstrom was trying to determine where defendant lived, a paramedic yelled to Hedenstrom to ask defendant what drug the unconscious man had taken. Defendant refused to give any such information. He also refused to explain why he and the unconscious man were at the residence or answer the officer’s question about the location of the homeowner.

¶5 When defendant remained uncooperative, Officer Hedenstrom demanded to see his' identification, which, after several requests, defendant produced. At this time Officer Hedenstrom performed a cursory search of the premises for drugs or drug paraphernalia. The search did not yield any information to help the unconscious man. Officer Hedenstrom then told defendant that he was obstructing the officer’s efforts to help the unconscious man. Defendant responded that he had rights and did not have to answer the officer’s questions. Officer Hedenstrom then proceeded to arrest, handcuff, and search defendant. This search yielded a marijuana pipe and marijuana. Officer Hedenstrom testified that he searched defendant because it was standard procedure to search someone upon arrest and because he was hoping to find the drug paraphernalia used by the unconscious man so he could identify the substance the man had taken.

¶ 6 Defendant was charged with, among other things,3 possession of drug paraphernalia, a class B misdemeanor, in violation of Salt Lake City Code § 11.20.040. He moved to suppress the marijuana and drug paraphernalia under both article I, section 14 of the Utah Constitution and the Fourth Amendment to the United States Constitution on the grounds that Officer Hedenstrom conducted an unlawful warrantless search. The trial court denied the motion, stating the warrantless search was justified under the emergency aid doctrine. Specifically, the trial court determined the search was justified by the need to determine on what substance the unconscious man had overdosed. In its ruling, the trial court stated that although no probable cause existed to search defendant, the emergency aid doctrine did not require a determination of probable cause. Defendant subsequently entered, and the trial court accepted, a conditional plea of guilty to the charge, reserving the right to appeal the suppression ruling. See Utah R. Crim P. ll(i); Sery, 758 P.2d at 937-38. Defendant appeals.

¶ 7 On appeal, defendant raises a single substantive issue: Did the trial court correctly rule that the warrantless search of defendant’s person was justified under the emergency aid doctrine? Assuming we apply this doctrine, defendant argues the exception does not apply in this case because: (1) the officer was primarily motivated by his intent to arrest and seize evidence, in violation of the doctrine; (2) probable cause is required under this doctrine, and the trial court found probable cause was not present; and (3) this exception is limited to searches of persons who themselves are in need of medical attention, not bystanders.

STANDARD OF REVIEW

¶ 8 We review the factual findings underlying the trial court’s denial of defendant’s motion to suppress under a clearly erroneous standard. See State v. Anderson, 910 P.2d 1229, 1232 (Utah 1996). We will determine there was clear error “only if the factual findings made by the trial court are not adequately supported by the record.” id. By contrast, we review “the trial court’s conclusions of law based on such facts under a correctness standard, according no deference to the trial court’s legal conclusions.” Id.

EMERGENCY AID SEARCH

¶ 9 Under the Fourth Amendment to the United States Constitution, searches conducted without warrants “ ‘are per se unreasonable ... subject only to a few specifically established and well-delineated exceptions.’ ” State v. Ashe, 745 P.2d 1255, 1258 (Utah 1987) (quoting Katz v. United States, 389 [1286]*1286U.S. 347, 357, 88 S.Ct. 507, 514, 19 L.Ed.2d 576 (1967)).4 One such exception to the warrant requirement recognized by both the United States Supreme Court and Utah’s appellate courts is exigent circumstances. See Mincey v. Arizona, 437 U.S. 385, 390, 98 S.Ct. 2408, 2413, 57 L.Ed.2d 290 (1978); State v. Genovesi, 909 P.2d 916, 921 (Utah Ct.App.1995).

¶ 10 The emergency aid doctrine, sometimes referred to as the medical emergency doctrine, is a variant of the exigent circumstances doctrine. See Tracy A. Bate-man, Annotation, Lawfulness of Search of Person or Personal Effects under Medical Emergency Exception to Warrant Requirement, 11 A.L.R. 5th 52, § 2[a] (1993). Bate-man describes the emergency aid doctrine as follows:

The medical emergency exception will support a warrantless search of a person or personal effects when [a] person is found in an unconscious or semiconscious condition and the purpose of the search is to discover evidence of identification and other information that might enhance the prospect of administering appropriate medical assistance, and the rationale is that the need to protect life or avoid serious injury to another is paramount to the rights of privacy....

Id. Several courts have also applied the emergency aid doctrine when a person is missing and feared to be injured or dead. See, e.g., People v. Mitchell, 39 N.Y.2d 173, 383 N.Y.S.2d 246, 347 N.E.2d 607 (1976). Whether an emergency exists is fact intensive and the state has the burden “to prove that the exigencies of the situation make the course imperative.” Annotation, 11 A.L.R. 5th, § 2[a] at 60.

¶ 11 The emergency aid doctrine has not been specifically adopted or applied by a majority opinion of either of Utah’s appellate courts, but was endorsed in a concurring opinion in State v. Yoder,

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Salt Lake City v. Davidson, 2000 UT App 012, 994 P.2d 1283, 387 Utah Adv. Rep. 54, 2000 Utah App. LEXIS 5, 2000 WL 64312 (Utah Ct. App. 2000).

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