State v. Davis

965 P.2d 525, 349 Utah Adv. Rep. 26, 1998 Utah App. LEXIS 67, 1998 WL 447997
CourtCourt of Appeals of Utah
DecidedAugust 6, 1998
Docket961271-CA
StatusPublished
Cited by20 cases

This text of 965 P.2d 525 (State v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Davis, 965 P.2d 525, 349 Utah Adv. Rep. 26, 1998 Utah App. LEXIS 67, 1998 WL 447997 (Utah Ct. App. 1998).

Opinions

OPINION

ORME, Judge:

Defendant Bradley “Chick” Davis appeals his convictions for possession of cocaine and methamphetamine with intent to distribute, both second degree felonies, in violation of Utah Code Ann. § 58-37-8 (1998);1 possession of marijuana with intent to distribute, a third degree felony, in violation of Utah Code Ann. § 58-37-8 (1998); possession of drug paraphernalia, a class B misdemeanor, in violation of Utah Code Ann. § 58-37a-5 (1998); and possession of stolen property, a class B misdemeanor, in violation of Utah Code Ann. §§ 76-6-408 (1995) and 76-6-412 (Supp.1997). Defendant Holly H. Hyatt appeals her convictions for possession of methamphetamine, a third degree felony, in violation of Utah Code Ann. § 58-37-8 (1998), and possession of drug paraphernalia, a class B misdemeanor, in violation of Utah Code Ann. § 58-37a-5 (1998). We affirm in part and reverse in part.

FACTS

The events which led to the convictions from which defendants appeal began on November 15,1994. Defendant Davis was then on probation under the terms of an agreement which included the usual proscriptions against possessing firearms, possessing or using controlled substances, knowingly associating with persons involved in criminal activity, and engaging in criminal activity. On November 15, Utah Adult Probation and Parole Officers Robert Eckman and Rod Seymour visited Davis at his Cedar City home, where Davis lived with defendant Hyatt. The officers conducted a search which led to the discovery of drug paraphernalia and a firearm. The incriminating items were found in Davis’s bedroom and in a tan van he had been driving. Also, Davis admitted to the officers that he had used both marijuana and methamphetamine during the prior week. The officers arrested Davis and placed him on a seventy-two-hour hold, after which he was released.

Five days later, on November 20, 1994, Division of Wildlife Resources Officer Gary A. McKell was called to assist a Hurricane City Police Officer, who had stopped a vehicle occupied by Mark Milby and Kelly Blackburn. The two were found with drugs and paraphernalia. Milby was arrested and Blackburn was cited and released. Officer McKell was called because the Hurricane officer found deer blood and hair in the back of Milby’s vehicle and on a knife and gloves. Officer McKell, thinking that a poached deer and drug activity might just be found at the [528]*528Milby residence in Summit, Utah, contacted Sergeant Rick Evans of the Iron County Sheriffs Department and asked him to watch the residence.

At approximately 2:00 a.m. the following morning, close to the end of his shift, Sergeant Evans drove to Milby’s house. Evans observed that all of the lights were on and that Blackburn’s truck was idling in front. Evans decided to wait and watch. About ten minutes later, he saw someone in a tan van approach, veer as if to turn into Milby’s driveway, but then change course upon seeing Evan’s patrol car. Instead of pulling into the Milby driveway, the van driver drove off down the street. Suspicious, Sergeant Evans followed the van for a short distance to the Summit Truck Stop, where he parked behind the van but sufficiently to its side that the driver could have backed out without hitting Evans’s patrol car.

Both Evans and the driver of the van exited their vehicles and Evans approached and asked the driver who he was and what he was doing. The driver of the van identified himself as Chick Davis and told Sergeant Evans that he sometimes drove around at night to take his mind off his son’s recent death. During this encounter, Evans had not used his overhead lights, had not ordered Davis out of the van, did not ask to see Davis’s driver’s license or registration, and never came within touching distance of Davis.

After hearing Davis’s explanation, Sergeant Evans left the Summit Truck Stop and was returning the way he came when he passed Blackburn, who was headed towards the truck stop. Evans turned and followed Blackburn to the truck stop, where he saw Blackburn park next to Davis’s van, go into the diner, and sit down with Davis. Later that day, Sergeant Evans contacted probation officers Eckman and Seymour and told them what he had seen. Based upon this information, their discovery of Davis’s probation violations several days earlier, and their personal familiarity with Milby and his involvement with drugs, Eckman and Seymour, suspicious that Davis was again violating his probation, decided to again search the Davis and Hyatt residence.

On November 21, 1994, Eckman and Seymour, joined by other officers, conducted a warrantless probation search of the house shared by Davis and Hyatt, a nearby shed, and several vehicles parked on the property — including the tan van which they had searched four days earlier and which Sergeant Evans saw Davis driving earlier that morning. In addition to the van, there was a blue Ford Escort, a black Chevrolet Camaro, a red pickup truck, a white Chevrolet Blazer, and a camper-trailer on the property. The officers did not check the registration on any of the vehicles or otherwise obtain registration information before searching them, nor did they ask Davis or Hyatt who owned or used the vehicles. In the van, the officers discovered paraphernalia and marijuana; in the Escort, the officers discovered a blue diaper bag which contained methamphetamine, marijuana, cocaine, and paraphernalia; and in the house, the officers discovered a set of double-beam scales under a bed. Additionally, in the shed behind the house, officers found a staple gun marked “Goer,” the partial name of a local company, Goer Manufacturing, and a router, later alleged to be stolen from Middleton Timber, another local business.

The State subsequently charged Davis with possession of methamphetamine, cocaine, and marijuana with intent to distribute; possession of drug paraphernalia; and possession of stolen property. The State charged Hyatt with possession of methamphetamine and possession of drug paraphernalia. The defendants filed motions to suppress, arguing that the search was not supported by reasonable suspicion, and that, with respect to Hyatt, the search was not supported by a warrant or probable cause. A suppression hearing was held on September 5 and October 2, 1995, after which the trial court denied the motions. At the conclusion of trial, held on December 7 and 8, 1995, a jury convicted the defendants on all counts.

ISSUES

Defendants raise four principal arguments on appeal. First, defendants contend that [529]*529the trial court erred in denying their motions to suppress the evidence seized during the November 21 probation search because the search was not supported by reasonable suspicion, as required under Davis’s probation agreement and Utah law.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Horn
Idaho Supreme Court, 2025
Gamboa Chavira v. Barr
Tenth Circuit, 2020
Kurt McElroy v. State of Indiana
Indiana Court of Appeals, 2019
State v. Curtis
2013 UT App 287 (Court of Appeals of Utah, 2013)
State v. Samples
2012 UT App 52 (Court of Appeals of Utah, 2012)
State v. Harding
2010 UT App 8 (Court of Appeals of Utah, 2010)
United States v. Carter
511 F.3d 1264 (Tenth Circuit, 2008)
State v. Duran
2005 UT App 409 (Court of Appeals of Utah, 2005)
United States v. Crew
345 F. Supp. 2d 1264 (D. Utah, 2004)
Rappleye v. Rappleye
2004 UT App 290 (Court of Appeals of Utah, 2004)
State v. Guzman
2004 UT App 211 (Court of Appeals of Utah, 2004)
State v. Smedley
2003 UT App 79 (Court of Appeals of Utah, 2003)
State v. Bloomfield
2003 UT App 3 (Court of Appeals of Utah, 2003)
State v. Burningham
2000 UT App 229 (Court of Appeals of Utah, 2000)
A.C.C. v. State
2000 UT App 120 (Court of Appeals of Utah, 2000)
In Re ACC
2 P.3d 464 (Court of Appeals of Utah, 2000)
State v. Kihlstrom
1999 UT App 289 (Court of Appeals of Utah, 1999)
State v. Davis
965 P.2d 525 (Court of Appeals of Utah, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
965 P.2d 525, 349 Utah Adv. Rep. 26, 1998 Utah App. LEXIS 67, 1998 WL 447997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davis-utahctapp-1998.