Utah Supreme Court
State of Utah, Plaintiff and Appellee v. Steven Douglas Thurman, Defendant and Appellant
January 7, 1993203 Utah Adv. Rep. 18
Summary
The court affirmed the denial of Thurman’s motion to suppress evidence obtained from a storage unit. It held that the search-warrant affidavit provided a substantial basis for probable cause and that Thurman’s second consent was voluntary and sufficiently attenuated from the officers’ unlawful knock-and-announce entry. The court also clarified that ultimate voluntariness and exploitation determinations are reviewed for correctness, while underlying factual findings receive clear-error review.