State v. DeHerrera

WILKINS, Associate Presiding Judge:

Defendant Lisa Deherrera appeals from a conviction for possession of methamphetamine, a third degree felony, in violation of Utah Code Ann. § 58 — 37—8(2)(a)(i) (Supp. 1998). Defendant argues the trial court erred by concluding the good faith exception to the exclusionary rule applied to admit evidence obtained in violation of the United States Constitution and a state statute during an administrative traffic checkpoint stop. We agree with defendant and conclude the good faith exception does not apply to the circumstances of this ease. We therefore reverse…