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SALT LAKE CITY, Plaintiff and Appellee, v. Austin James HUGHES, Defendant and Appellant

Utah Court of Appeals2011-04-21No. No. 20100355-CA
253 P.3d 11182011 UT App 128

Summary

Holding. The court affirmed the trial court's denial of the motion to suppress, finding that the officer had reasonable suspicion to stop Hughes based on the jaywalking violation he committed in the officer's presence.

Austin James Hughes was stopped by a Salt Lake City police officer early in the morning while running at high speed down the middle of a street in cold weather, then crossing State Street outside a designated crosswalk before entering a bank parking lot. Hughes pleaded guilty to several class B misdemeanors but appealed, arguing that the officer lacked reasonable suspicion to justify the stop. The trial court found that the stop was lawful because Hughes committed jaywalking in the officer's presence, and the appellate court upheld this determination.

On appeal, Hughes challenged the factual basis for the stop, pointing to inconsistencies such as the officer's written report not mentioning the jaywalking and the city's failure to charge him with that offense. However, the appellate court deferred to the trial court's credibility assessment, noting that the officer testified he witnessed the jaywalking and the trial judge was in the best position to evaluate the officer's credibility. Because the trial court had a reasonable basis to credit the officer's testimony about the jaywalking violation, the court found the stop was justified.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a police stop was supported by reasonable suspicion
  • Whether jaywalking in an officer's presence justifies a detention
  • Credibility assessment of police officer testimony regarding observed violations

Procedural posture

Hughes appealed from a trial court's denial of his motion to suppress evidence obtained after a police stop, following his guilty plea to class B misdemeanors.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM DECISION

VOROS, Judge:

{1 Defendant Austin James Hughes appeals from a Sery plea to several class B misdemeanors. See generally State v. Sery, 758 P.2d 935, 938-40 (Utah Ct.App.1988). He challenges the trial courts denial of his motion to suppress evidence obtained after he was stopped by police. Hughes contends that the stop was not justified at its inception; he does not challenge the scope of the detention. We affirm.

T2 At 2:80 a.m. on February 15, 2009, with temperatures in the twenties, a Salt Lake City police officer noticed Hughes, clad in jeans and a T-shirt, running at a full sprint eastbound down the middle of a city street. Hughes then ran diagonally across State Street outside of the crosswalk and entered a bank parking lot. The officer followed and stopped Hughes. The sole issue on appeal is whether, under the totality of the cireumstances, this stop was supported by reasonable suspicion. Whether the trial court correctly denied the motion to suppress is a legal conclusion, which we review for correctness. See State v. Brake, 2004 UT 95, ¶ 10-15, 103 P.3d 699. However, we review for clear error the factual findings underlying a trial courts decision to deny a motion to suppress. See State v. Krukowski, 2004 UT 94, ¶ 11, 100 P.3d 1222.

13 [It is settled law that a police officer may detain and question an individual when the officer has reasonable, articulable suspicion that the person has been, is, or is about to be engaged in criminal activity State v. Markland, 2005 UT 26, ¶ 10, 112 P.3d 507 (quoting State v. Chapman, 921 P.2d 446, 450 (Utah 1996)). A stop is justified if it is incident to a traffic violation committed in the presence. State v. Lopez, 873 P.2d 1127, 1132 (Utah 1994) (internal quotation marks omitted). The relevant question is whether the cireum-stances, viewed objectively, justify [the] action, regardless of the individual officers state of mind. State v. Worwood, 2007 UT 47, ¶ 28, 164 P.3d 397 (alteration in original) {emphasis and internal quotation marks omitted).

14 The trial court ruled that the detention was justified because Hughes committed the offense of jaywalking in the officers presence. While acknowledging that the trial court is in the best position to judge the credibility of the officer, Hughes nevertheless urges this court to view as suspect the officers clear recollection of the events that occurred almost 10 months prior to his testimony. He notes that the officers written report made no mention of Hughess failure to use the crosswalk and that Salt Lake City did not charge Hughes with jaywalking.

T5 In determining the facts, the trial court is in a unique position to assess the credibility of witnesses and weigh the evidence. State v. Hansen, 2002 UT 125, ¶ 48, 63 P.3d 650. Here, the officer was the only witness to testify, and he testified that he saw Hughes jaywalking. As he did below, Hughes points to details in the evidentiary picture that might have convinced the trial court to discredit the officers testimony. However, the trial court obviously believed the officer on this point. It is the province of the trier of fact to assess the credibility of witnesses, and we will not second-guess the trial court where there is a reasonable basis to support its findings. Reed v. Reed, 806 P.2d 1182, 1184 (Utah 1991).

1 6 Affirmed.

17 WE CONCUR: GREGORY K. ORME and WILLIAM A. THORNE JR., Judges.

. These misdemeanors were driving under the influence of alcohol or drugs, unlawful possession of alcohol by a minor, and failure to report an accident.

. We have determined that [he facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. Utah R.App. P. 29(a)(3).