Legal Opinion

Sandy City v. Larson

Utah Supreme Court

Decided February 4, 1987No. 19754PublishedCited by 10 opinions

1Opinion of the Court

HALL, Chief Justice:

The dispositive issue presented by this appeal is whether the admission into evidence of defendant’s refusal to submit to a breathalyzer test offends the right against self-incrimination guaranteed by article I, section 12 of the Utah Constitution. We conclude that it does not.

At approximately 12:15 a.m. on November 13, 1982, Officer Hal Cutler, a Sandy City police officer, responded to an anonymous tip concerning a suspected drunk driver. After spotting a vehicle matching the description given by the informant, the officer followed the vehicle for several blocks. During…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. Fisher v. United StatesSupreme Court of the United States · 1976
  5. South Dakota v. NevilleSupreme Court of the United States · 1983

12 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. MirquetUtah Supreme Court · 1996
  2. State v. EastUtah Supreme Court · 1987
  3. State in Interest of A.B.Court of Appeals of Utah · 1997
  4. State v. Van DykeCourt of Appeals of Utah · 2009
  5. State v. HarveyCourt of Appeals of Utah · 2019

5 more not listed; retrieve them via the Exa API.

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