Brierley v. Layton, 2016 UT 47 (Oct. 21, 2016)
Oct 21, 2016
The district court granted a motion to suppress evidence obtained while a warrant application remained pending. The Court of Appeals reversed based upon the inevitable discovery doctrine and a four-factor test articulated by the Tenth Circuit. Reversing the Court of Appeals, the Supreme Court held that the City failed to carry its burden of showing, by a preponderance of the evidence, that evidence would have been inevitably discovered in the absence of a warrant. In doing so, the Supreme Court declined to apply the Tenth Circuit’s four-factor test.