 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Abell5/9/2003
must have been guilty of criminal activity in the first instance. Rarely do cases involving deprivation of constitutionally protected rights reach us in which the citizen was found to have had no indications of criminal activity on or with them in the car. As a result, any time we act to define the limits of police power in such circumstances, we by necessity relieve just consequences imposed on one who has violated our laws. A reversal here does the same. The defendant admits to having violated the laws of our state, but because law enforcement officials responsible for crafting the checkpoint plan tried too hard to cover all of their bases, balancing the various mandates of this court and the federal courts in the process of doing their job of protecting the public, we are forced to not only grant relief to Abell, but also publicly criticize and correct otherwise law abiding, well intentioned, justly motivated officers of the law. Would it were that a better system existed for such review. Rather than pushing the envelope for more or greater scope of enforcement power, it would perhaps have been better for those drafting the checkpoint plan to have acted with caution, and for the magistrate to have exercised slightly more diligence in review and approval of the plan.
Having recused himself, Justice Howe does not participate herein; Court of Appeals Judge Gregory K. Orme sat.
Page 1 2 3 4 5 6 7 8 9 10 11 Utah DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|