The Appellate Group

State v. Andrus

State v. Andrus, 2025 UT 15 (Durrant, C.J.)

Criminal

The Utah Supreme Court held

  • The district court did not err in denying Defendant’s motion to suppress, but it did err in denying his motion to arrest judgment on human trafficking of a child. 
  • Justice Pohlman dissented and concluded that the statute’s plain language required exclusion of Defendant’s electronic records.  
  • Practice tip: Something of value must be exchanged to support a conviction for human trafficking of a child. 
  • Practice tip: The exclusionary rule in Utah’s Electronic Information or Data Privacy Act is not triggered when federal law enforcement officers lawfully obtain information through a federal subpoena and share it with state law enforcement. 

Read the full court opinion