Utah Court of Appeals
Can police search vehicles of people arriving at a suspected drug house? State v. Blevins Explained
Summary
Police executed a search warrant on a Provo residence suspected of drug sales that authorized searches of persons and vehicles arriving at the location. When Blevins drove to the residence and told officers he was visiting an occupant, they searched his vehicle and found methamphetamine. Blevins challenged the warrant’s scope in his conditional guilty plea.
Analysis
In State v. Blevins, the Utah Court of Appeals examined whether police can search the vehicles of people arriving at a residence during execution of a drug-related search warrant. This decision provides important guidance on the scope of all persons warrants and their application to vehicle searches.
Background and Facts
Police obtained a search warrant for a Provo residence suspected of marijuana sales. The warrant authorized searches of the residence, outbuildings, curtilage, persons present or arriving at the location, and vehicles related to individuals present or arriving. While executing the warrant, officers observed Blevins drive to the residence and park on a public street. After questioning revealed he was visiting an occupant, officers searched Blevins and his vehicle, discovering methamphetamine and paraphernalia. Blevins filed a motion to suppress, arguing the warrant was an impermissible general warrant lacking probable cause.
Key Legal Issues
The court addressed whether an arriving persons warrant could constitutionally extend to vehicle searches and whether sufficient probable cause existed to support such searches. The analysis required examining the physical nexus between arriving persons and the ongoing criminal activity, as well as the particularity requirements under the Fourth Amendment.
Court’s Analysis and Holding
The majority affirmed the denial of the suppression motion, finding the warrant constitutionally valid. The court applied the totality of the circumstances test and concluded there was a fair probability that criminal evidence would be found in vehicles of persons arriving at the residence. The court emphasized that the physical nexus requirement was satisfied because Blevins clearly intended to visit the residence where drug activity was suspected, regardless of where his vehicle was parked.
Practice Implications
This decision expands the permissible scope of all persons warrants to include vehicles, but practitioners should note the strong dissent questioning whether the affidavit adequately particularized probable cause for each arriving person. Defense attorneys should scrutinize whether affidavits contain specific factual bases rather than conclusory statements about officer experience. The case also highlights the continuing tension between law enforcement needs and Fourth Amendment protections in the context of drug investigation warrants.
Case Details
Case Name
State v. Blevins
Citation
1998 UT App
Court
Utah Court of Appeals
Case Number
No. 971419-CA
Date Decided
October 29, 1998
Outcome
Affirmed
Holding
A search warrant authorizing the search of vehicles of persons arriving at a residence suspected of drug activity is not an impermissible general warrant when supported by probable cause that criminal evidence will be found in the vehicles.
Standard of Review
The court reviews denial of motion to suppress by according great deference to the magistrate’s decision regarding probable cause and examines the facts in a light most favorable to the lower court’s findings
Practice Tip
When drafting affidavits for all persons warrants, include specific factual observations and experience showing why arriving persons and their vehicles are likely to contain evidence, not just conclusory statements about general experience.
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