State v. Jaramillo

Summary

The Utah Supreme Court reversed a district court's order suppressing evidence seized when police executed two daytime-only search warrants at night. Under State v. Fixel and State v. Rowe, suppression for a violation of a Utah rule of criminal procedure is warranted only where the violation also implicates fundamental constitutional concerns, was committed in bad faith, or substantially prejudiced the defendant. Because the district court suppressed based solely on the rule 40(e)(1) violation, having found no bad faith and without reaching the constitutional question, the court held suppression was unwarranted, reversed, and remanded, declining on interlocutory review to decide whether the searches violated the Fourth Amendment or article I, section 14 of the Utah Constitution.