Legal Opinion
State v. Harker
Utah Supreme Court
Decided September 28, 2010No. 20090125PublishedCited by 42 opinions
1Opinion of the Court
DURRANT, Associate Chief Justice:
INTRODUCTION
¶1 This case is before us on writ of certio-rari to the court of appeals and requires us to determine the meaning of "in the presence" as that phrase is set forth in section Ti-7-2(1) of the Utah Code, which allows an officer to make an arrest for a class B misdemeanor only if the offense was committed "in the presence" of an officer. 1 In addition, this case requires us to determine whether evidence must be excluded if it is obtained in a search incident to an arrest that is supported by probable cause but is not supported by statutory authority.…
2Cases cited21 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Carroll v. United StatesSupreme Court of the United States · 1925
- Brinegar v. United StatesSupreme Court of the United States · 1949
- Adams v. WilliamsSupreme Court of the United States · 1972
- Beck v. OhioSupreme Court of the United States · 1964
16 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Marion Energy, Inc. v. KFJ Ranch PartnershipUtah Supreme Court · 2011
- State v. MunguiaUtah Supreme Court · 2011
- Mglej v. Garfield CountyCourt of Appeals for the Tenth Circuit · 2020
- Graves v. Mahoning CountyCourt of Appeals for the Sixth Circuit · 2016
- State v. J.M.S.Utah Supreme Court · 2011
37 more not listed; retrieve them via the Exa API.