Legal Opinion
State v. Zesiger
Court of Appeals of Utah
Decided February 13, 2003No. 20020058-CAPublishedCited by 1 opinion
1Opinion of the Court
OPINION
BENCH, Judge:
¶ 1 This is an interlocutory appeal by the State from an order suppressing evidence seized pursuant to a second search warrant. The trial court concluded that the taint on evidence obtained from an earlier search was not removed by the second warrant, and that the independent source rule “does not apply to violations of the ‘knock and announce’ statute.” We reverse.
BACKGROUND
¶ 2 During the course of an unrelated child pornography investigation, Detective Brad Franke of the Logan City Police Department received a message on his computer inviting him to enter a private File…
2Cases cited14 opinions
- Brown v. IllinoisSupreme Court of the United States · 1975
- United States v. CalandraSupreme Court of the United States · 1974
- Nix v. WilliamsSupreme Court of the United States · 1984
- Murray v. United StatesSupreme Court of the United States · 1988
- State v. PenaUtah Supreme Court · 1994
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3Cited by1 opinion
- State v. LeeCourt of Appeals of Maryland · 2003