The Appellate Group

State v. Jaramillo

State v. Jaramillo, 2026 UT 20 (Nielsen, J.)

Criminal Law

The Utah Supreme Court held:

The district court wrongly suppressed evidence under Utah Rule of Criminal Procedure 40(e) without finding a constitutional violation, bad faith, or prejudice to the defendant.

Practice tip:

Under State v. Rowe, 850 P.2d 247 (Utah 1992), suppression of evidence is not an appropriate remedy for a violation of Utah Rule of Criminal Procedure 40(e)(1) unless that violation also infringed upon a defendant’s constitutional rights, was committed in bad faith, or prejudiced the defendant.

Read the full court opinion