State v. Jackson

ORME, Judge:

Defendants appeal their convictions for possession of marijuana in a drug-free zone and possession of drug paraphernalia in a drug-free zone, both class A misdemeanors. They contend the trial court erred in denying their motion to suppress evidence which they claim was seized in violation of their state constitutional rights. Because we hold that article I, section 14 of the Utah Constitution does not prohibit the warrantless search and seizure of garbage left for streetside collection, we affirm.

FACTS

In the early morning hours of June 8, 1994, Sergeant Jerry Harper of the Provo…