Brierley v. Layton City

On Certiorari to the Court of Appeals

Justice Pearce,

opinion of the Court:

INTRODUCTION

¶1 Two Layton City police officers investigating a hit-and-run accident entered a private residence with neither permission nor a warrant. While there, they discovered evidence linking Chelse Marie Brierley to the accident. Brierley moved to suppress that evidence, arguing Layton City (City) had obtained it in violation of her Fourth Amendment rights. The City argued that the officers were in the process of obtaining a search warrant at the time they entered the house and that the evidence should therefore be…