State v. Dutton
State v. Dutton, 2025 UT App 139 (Christiansen Forster, J.)
Criminal
The Utah Court of Appeals held:
- The district court did not err in concluding that there was probable cause to arrest Defendant because even though the officer relied on subjective knowledge, reviewing the totality of the circumstances demonstrated that there was sufficient probable cause independent of the officer’s subjective knowledge.
- Defense counsel’s failure to request an unanimity instruction was not ineffective where the alternative theory of intoxication lacked credibility.
- Practice tip: Informant tips, especially when they possess indicia of reliability, contribute to the totality of the circumstances considered when determining if there was probable cause.