Legal Opinion

State v. Pena

Utah Supreme Court

Decided February 15, 1994No. 930101PublishedCited by 465 opinions

1Opinion of the Court

ZIMMERMAN, Chief Justice:

Jose Carlos Pena appeals the trial court’s denial of several motions to suppress evidence prior to his guilty plea for attempted unlawful possession of a controlled substance, a class A misdemeanor. Utah Code Ann. § 58 — 37—8(2)(a)(i), (7). Pena raises four claims of error regarding the trial court’s evidentiary rulings: (i) The initial stop by police was not supported by reasonable suspicion; (ii) Pena did not voluntarily waive his Miranda rights; (iii) the misdemeanor arrest was a pretext for the strip search; and (iv) the strip search that produced the critical…

2Cases cited33 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. United States v. PlaceSupreme Court of the United States · 1983
  4. North Carolina v. ButlerSupreme Court of the United States · 1979
  5. Fare v. Michael C.Supreme Court of the United States · 1979

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3Cited by465 opinions

  1. Valcarce v. FitzgeraldUtah Supreme Court · 1998
  2. Bailey v. BaylesUtah Supreme Court · 2002
  3. Jau-Fei Chen v. StewartUtah Supreme Court · 2004
  4. State v. MaestasUtah Supreme Court · 2012
  5. State v. HansenUtah Supreme Court · 2002

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

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