State v. Gutierrez-Perez
Annotate this CaseDefendant pled guilty to criminally negligent automobile homicide and driving under the influence of alcohol, reserving his right to challenge the denial of his motion to suppress evidence obtained through a blood draw. Defendant’s blood was drawn after the police were issued eWarrants through the Utah Criminal Justice Information System. On appeal, Defendant argued that because the affidavits submitted by the police in order to obtain the warrants were not supported by an oath or affirmation, as required by both the Utah and United State constitutions, the warrants were unconstitutional. The Supreme Court affirmed the district court’s denial of Defendant’s motion to suppress, holding that the affidavits comported with the historical understanding of what constitutes a constitutionally valid “affirmation,” and therefore, the affidavits were constitutionally sufficient to support the issuance of the warrants in this case.
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