U.S. justices to rule on 'consent once removed'

Published: October 14, 2008

The U.S. Supreme Court will hear arguments today in a Utah search and seizure case that could impact how police use undercover informants.

Afton Callahan, of Fillmore, claims the Central Utah Narcotics Task Force violated his Fourth Amendment rights in 2002 when officers entered his home after an informant completed a drug buy, according to court documents.

The informant purchased methamphetamine and verbally signaled for police to move in. Agents entered the home and arrested Callahan, who then consented to a search of his trailer.

Later Callahan moved to have the search evidence suppressed. Lower courts on both the district and federal level said the officers were protected by governmental immunity. Those decisions, however, were later overturned by the Utah Supreme Court and the 10th Circuit Court of Appeals.

In hearing the case, the nation's highest court could decide whether "consent once removed" is enough to authorize officers to enter a home.

— Aaron Falk