State v. Ruiz
State v. Ruiz, 2021 UT App 94 (Christiansen Forster, J.)
Criminal
A police K-9 spontaneously jumped through defendant’s open car window and alerted to the presence of contraband. Officers found rolling papers and a firearm. Defendant was charged with possession of a firearm by a restricted person and entered a conditional guilty plea after the court denied his motion to suppress the evidence under the Fourth Amendment. On appeal, The Utah Court of Appeals affirmed, holding:
- The district court did not err in denying Defendant’s motion to suppress. The police did not cause the defendant’s windows to be open or encourage the K-9 to leap into the car. The K-9’s detection of the targeted odor justified his entry into the vehicle.