Legal Opinion · Concurrence

State v. Griego

Court of Appeals of Utah

Decided February 27, 1997No. 950636-CAPublished

1ConcurrenceBench, Judge

I would affirm the convictions on the basis that the officers had probable cause to enter defendant’s house and arrest him for assault. See Utah Code Ann. § 77-7-2(3)(e) (1995) (providing authority for warrantless arrest if officer has probable cause to believe suspect committed public offense and may “injure another person”). This was the approach taken by the prosecution at trial and is the most straightforward basis for affirmance.

Probable cause requires nothing more than a rational conclusion of probability. State v. Dorsey, 731 P.2d 1085, 1088 (Utah 1986). “Determinations of whether…

2Cases cited6 opinions

  1. State v. DorseyUtah Supreme Court · 1986
  2. State v. GardinerUtah Supreme Court · 1991
  3. State v. HatcherUtah Supreme Court · 1972
  4. State v. SpurgeonCourt of Appeals of Utah · 1995
  5. State v. LeonardCourt of Appeals of Utah · 1991

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