State v. Farrow
Utah Court of Appeals
919 P.2d 50 (1996)
- Written by Haley Gintis, JD
Facts
In 1993, married couple AF and Gregory Farrow (defendant) became pregnant. Farrow abused AF throughout her pregnancy and after the child’s birth. Farrow made frequent threats that he would kill AF and the baby. On one occasion, Farrow pulled out a gun and threatened to kill himself if AF left him. In October 1994, after Farrow had beaten and choked AF, AF convinced him to allow her and the baby to leave. AF eventually moved into a battered women’s shelter. Law-enforcement officer Cameron Noel interviewed AF about the abuse she endured. Noel determined that there was probable cause to believe that Farrow had committed spousal abuse with a dangerous weapon and continued to pose a threat to AF. On November 6, Farrow was arrested. The arrest led to the discovery of illegal substances and an illegal handgun within Farrow’s possession. The State of Utah (plaintiff) charged Farrow with multiple assault and possession offenses. Farrow argued that his warrantless arrest was improper because there was no ongoing emergency. The trial court found that Utah’s domestic-violence statute did not require an emergency to execute a warrantless arrest of a domestic-violence perpetrator. Farrow appealed.
Rule of Law
Issue
Holding and Reasoning (Billings, J.)
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