State v. Saddler

2003 UT App 82, 67 P.3d 1025, 469 Utah Adv. Rep. 35, 2003 Utah App. LEXIS 23, 2003 WL 1343244
Court of Appeals of Utah·Decided March 20, 2003·No. 20020119-CA·Published·Cited by 3 cases

Opinions

OPINION

DAVIS, Judge:

{1 Anthony A. Saddler (Saddler) appeals his conviction for unlawful possession of a controlled substance with intent to distribute, a third degree felony in violation of Utah Code Ann. $ 58-87-8 (Supp.2000). Saddler challenges the trial court's order denying his motion to suppress evidence and upholding the constitutionality of the search warrant. We reverse and remand.

BACKGROUND

12 On June 15, 2000, Detective Bill McCarthy (McCarthy) obtained a warrant to search Saddler's residence for marijuana, cocaine, and related items. In issuing the search warrant, the magistrate relied on an affidavit provided by McCarthy, who prepared the affidavit using information from a confidential informant (CT). The affidavit established McCarthy's nineteen years of general police experience and his specific experience and training in narcotics investigation. It also stated "CI has not been promised nor paid for any of the information provided," and claimed "CI ... provided the information out of a sense of guilt and desire to stop the sales and usage of controlled substances into the community." Further, it requested "the courts not ... require [MeCarthy] to publish the CI's name," for McCarthy "believe[d] ... the CI [could] be harmed if CT's name were published."

13 According to the affidavit, CI told McCarthy the following:

CI has known the suspect, Saddler for over one year;
CI has observed the suspect use cocaine and marijuana on numerous occasions during the last year;
CI has used marijuana with the suspect on several occasions;
CI has been to the premises numerous times, the most recent being within the last week to ten days, and observed approximately three to four pounds of mariJuana;
CI has observed three scales inside the home, that the suspect uses to weigh out repackaged marijuana for resale;
CI has observed cocaine inside the premises, along with packaging material;
CI has observed the suspect carry mariJuana and cocaine on his person;
The suspect has told CI that the suspect sells marijuana and cocaine;
CI has observed the suspect sell and use controlled substances, inside the named premises;
CI has been told by the suspect that the suspect recently purchased the listed premises;
CI states that the suspect's only legitimate source of income is from a part-time waiter's job at a Salt Lake City restaurant, BACT's;
CI states that the suspect sells controlled substances to be able to afford his own usage and as a separate source of income;
CI provided a description of the home, a vehicle frequently used by the suspect (female companion of suspect), and hours of operation for the suspect;
CI states that the suspect is home infrequently and usually during the late evening hours.

[ 4 The affidavit also describes McCarthy's corroboration efforts. On June 14 and 15, [1029]*10292000, McCarthy conducted surveillance of Saddler's home between 8:00 p.m. and 6:00 am. and did not observe anyone. At an unspecified time on June 15, McCarthy observed some "short term traffic," which he believed was "drug related." West Valley Police stopped one of the vehicles leaving the premises and found the driver in possession of one-half ounce of marijuana. Police found no drug paraphernalia in the vehicle or on the driver's person, which indicated to McCarthy "the marijuana was purchased from [Saddler's] premises."

T5 McCarthy also "observed vehicles de-seribed by CI at [Saddler's] premises and the registered owner was a[sic] described by CI." Finally, MeCarthy checked BACI's restaurant on June 15, and Saddler "was not at work and it was unknown when he was scheduled to return."

T6 After obtaining and executing the search warrant, on June 15, police seized approximately ten ounces of marijuana and one gram of cocaine, along with drug packaging material, triple beam scales, and $478.00 in cash. Saddler subsequently filed a motion to suppress the evidence. After the trial court denied the motion, Saddler pleaded guilty to unlawful possession of a controlled substance with intent to distribute, conditional upon his right to appeal the suppression issue. See State v. Sery, 758 P.2d 935, 938-39 (Utah Ct.App.1988).

ISSUE AND STANDARD OF REVIEW

T7 The sole issue is whether the trial court erred by denying Saddler's motion to suppress evidence and concluding MeCar-thy's affidavit established probable cause to search Saddler's residence. "[TJhis court, like the reviewing court below, is bound by the contents of the affidavit, we therefore need not defer to the trial court's finding. ..." State v. Deluna, 2001 UT App 401, ¶9, 40 P.3d 1136 (quotations and citation omitted), cert. denied, 2002 Utah LEXIS 150. Instead, " 'we make an independent review of the trial court's determination of the sufficiency of the written evidence'" Id. (quoting State v. Weaver, 817 P.2d 830, 833 (Utah Ct.App.1991)). "However, 'the [Flourth [AJmendment does not require that the reviewing court conduct a de novo review of the magistrate's probable cause determination[.] [Instead, it requires only that the reviewing court conclude "that the magistrate had a substantial basis for ... [determining] that probable cause existed." *' " Id. (alterations in original) (quoting State v. Babbell, 770 P.2d 987, 991 (Utah 1989) (quoting v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983))). We therefore "pay great deference to the magistrate's determination." State v. Vigh, 871 P.2d 1030, 1033 (Utah Ct.App.1994).1

ANALYSIS

18 Saddler argues McCarthy's affidavit supporting the search warrant did not establish probable cause for the search. We agree.

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

State v. Saddler, 2003 UT App 82, 67 P.3d 1025, 469 Utah Adv. Rep. 35, 2003 Utah App. LEXIS 23, 2003 WL 1343244 (Utah Ct. App. 2003).

2003 UT App 82 (State v. Saddler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Saddler
2004 UT 105 (Utah Supreme Court, 2004)
State v. Dable
2003 UT App 389 (Court of Appeals of Utah, 2003)
State v. Saddler
2003 UT App 82 (Court of Appeals of Utah, 2003)