In State v Price, Mr. Price filed an interlocutory appeal with the Utah Supreme Court based on the district court’s denial of his motion to suppress in a case where he (Price) is charged with causing death while driving with a measurable controlled substance and failing to yield the right-of-way.

What is an Interlocutory Appeal?

Most appeals happen only after a case is over. But, sometimes a trial judge makes important decisions that could affect the entire outcome of a case. For example, a judge’s decision either to suppress or admit certain evidence could determine whether a defendant takes a case to trial or seeks a plea deal. If a judge denies a defendant’s motion to suppress damaging evidence, the defendant might want to appeal before a jury hears the evidence. An appeal before the case is over is called an interlocutory appeal. The party seeking an interlocutory appeal must ask permission from the appellate court before the interlocutory appeal will be accepted.

What Lead to State v Price?

Price was involved in an auto accident that resulted in the death of another person. At the scene of the accident, Price failed a field sobriety test. The police got a search warrant for Price’s blood, which was tested for alcohol, cocaine, THC (marijuana), morphine and methamphetamine. His blood tested positive for THC, leading to his felony criminal charge.

Price argued that the blood evidence should be thrown out of court because the warrant only specified that his blood should be tested for alcohol – not THC. Price claimed that expanding the search to include THC violated his Fourth Amendment rights. The Fourth Amendment states:

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The district court denied Price’s argument, finding that Price lost any reasonable expectation of privacy when his blood was tested for intoxicants because there was sufficient probable cause to support the issuance of the search warrant and the blood sample was lawfully taken from Price.

The Result

The Utah Supreme Court agreed with the district court’s denial of Price’s motion to suppress the blood evidence of THC. This means that the case of State v Price, which was on hold during the Supreme Court’s deliberations, can continue and the prosecution can present the blood evidence blood evidence to the jury. Because the damaging evidence against him was not suppressed, Price will now have to decide whether to take his chances with a jury or try to work out a plea bargain.

Hiring an Attorney

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