Non-Utah drivers are targeted, lawyer says

PARK CITY — The Utah Highway Patrol is violating at least three constitutional amendments by profiling drivers with out-of-state license plates on a portion of I-80, an attorney argued Tuesday.

Gerry D'Elia, who represents four people facing drug-related charges after being pulled over, told 3rd District Judge Bruce Lubeck that this constitutes illegal selective enforcement. He has filed motions to dismiss or suppress evidence in those cases.

"A traffic stop based on out-of-state plates is a violation of an individual's rights," D'Elia said.

Among the rights being violated are the Constitution's First Amendment (which permits free travel), the Fourth Amendment (prohibiting illegal searches and seizures) and the 14th Amendment (which provides equal protection under the law), according to D'Elia.

A criminal interdiction exercise was in force Nov. 14-16, 2008, to pinpoint and stop drug trafficking, especially marijuana, that was being hauled from northern California across states such as Utah to places farther east in the United States. This coincided with harvest time for marijuana and established shipping periods.

D'Elia said that the patrol's interdiction efforts on eastbound I-80 east of the U.S. 40 junction that took place during that three-day interval showed troopers stopped 144 vehicles — and 136 of them had out-of-state plates.

Four of his clients were among those stopped.

However, Summit County prosecutor Paul Christensen disagreed.

He argued that four different troopers stopped the men D'Elia is representing, and each trooper said under oath he had a valid, traffic-related reason for pulling the drivers over.

"You heard them all testify they (the troopers) stopped them for law violations," Christensen told the court. "At no time did you hear any officer say he was targeting out-of-state plates."

Christensen noted the reasons on record for the traffic stops: Joseph Bravo of California failed to move over for an emergency vehicle, Lance Harrison of Colorado was out of his lane, Alan Chettero of California had crossed over the line, and Robert Bilyue of Virginia engaged in improper lane travel.

Christensen said the troopers all said they originally made these stops due to these traffic violations and planned to give citations or merely warnings. But upon approaching the vehicles, the troopers smelled either alcohol or marijuana and found marijuana themselves or with the use of drug-sniffing dogs.

"We cannot discount the training and experience of law enforcement officials in our state," Christensen said.

As for the claims of constitutional violations, Christensen said, people with out-of-state plates are not in a protected class.

Lubeck said he will take the matter under advisement and will issue a ruling in January.

e-mail: lindat@desnews.com