The Appellate Group

State v. Gonzalez

State v. Gonzalez, 2021 UT App 83 (Pohlman, J.)


A detective omitted three facts in a search warrant affidavit. In a Franks hearing (Franks v. Delaware, 438 U.S. 154 (1978)), the district court held that the detective recklessly omitted material facts, and that the addition of those facts removed probable cause from the affidavit. The court granted the defendant’s motion to suppress and dismissed the case. The State appealed, and The Utah Court of Appeals reversed, holding:

  • The district court erred when it granted the motion to suppress evidence. Under the totality of the circumstances, the search warrant affidavit still supports a finding of probable cause even with the inclusion of the three omitted facts.

Read the full court opinion