State appeals ruling to U.S. Supreme Court

Published: Sunday, Oct. 30 2005 12:00 a.m. MDT

The Utah Attorney General's Office has appealed a ruling on search warrants to the U.S. Supreme Court.

It's the first time the state has appealed to the nation's highest court since 1991.

At issue is a case in which Brigham City police, who were outside a home, looked through a window and saw a fight involving four adults who were holding a juvenile against a refrigerator. The juvenile managed to hit one of the adults, drawing blood. The police entered the home, stopped the fight and the adults were charged with intoxication, disorderly conduct and contributing to the delinquency of a minor.

A state district court dismissed the charges, stating that the police violated the individuals' constitutional rights because the police entered without a search warrant. The Utah Court of Appeals and the Utah Supreme Court both upheld the district court decision.

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