Question
In a discussion about Utah vs. Strieff how do I respond with reference(s) to backup a thought to someone who post: Utah Detective Douglas Fackrell
In a discussion about Utah vs. Strieff how do I respond with reference(s) to backup a thought to someone who post:
Utah Detective Douglas Fackrell was surveying a residence after receiving an anonymous tip about drug activity. Fackrell speculated there was drug activity, and while conducting his survey, saw Edward Joseph Strieff leaving the residence. Fackrell, in turn, stopped Strieff for questioning. During questioning, it was determined that Strieff had an outstanding warrant which led to his arrest. During his arrest, Fackrell found methamphetamine and a drug pipe on Strieff. Both the district court and the Utah Court of Appeals agreed that there was justification for the evidence to be included in his trial. However, the Utah Supreme Court ruled against both and ruled the "evidence should have been suppressed because the warrant that was the basis for the arrest was discovered during an unlawful investigatory stop."
Although Strieff had a warrant, the situation he was placed in, which was being stopped, merely for leaving a house that may or may not have been involved in drugs was not lawful. If this was the case, police officers would stay busy conducting unlawful stops like this one more than they would be doin their other duties.
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