Legal Opinion

State v. Rowe

Utah Supreme Court

Decided September 28, 1992No. 910165PublishedCited by 20 opinions

1Opinion of the Court

HALL, Chief Justice:

The State of Utah seeks review of a court of appeals decision reversing the conviction of Keeley L. Rowe on the ground that the evidence used against her was seized in violation of the nighttime search provision of Utah Code Ann. § 77-23-5.1 We reverse the court of appeals and reinstate the conviction.

The parties do not dispute the facts. On October 7, 1988, a Washington County magistrate issued a search warrant that authorized the police to search for narcotics at the residence of Stan Swickey in Leeds, Utah. The warrant authorized the police to enter “day or night” and…

2Cases cited14 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. State v. VerdeUtah Supreme Court · 1989
  3. Commonwealth v. MasonSupreme Court of Pennsylvania · 1985
  4. Commonwealth v. MusiSupreme Court of Pennsylvania · 1979
  5. United States v. Jerry Wayne SearpCourt of Appeals for the Sixth Circuit · 1978

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Roth v. StateNorth Dakota Supreme Court · 2007
  2. State v. RynhartUtah Supreme Court · 2005
  3. State v. BisseggerCourt of Appeals of Utah · 2003
  4. State v. RichardsonHawaii Supreme Court · 1995
  5. State v. PotterCourt of Appeals of Utah · 1993

15 more not listed; retrieve them via the Exa API.

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