State v. Struhs

OPINION

BILLINGS, Judge:

Defendant Randolph Paul Struhs appeals a conditional guilty plea of possession of a controlled substance, a third-degree felony, in violation of Utah Code Ann. § 58-37-8(2)(a) (1996 & Supp.1996). Specifically, defendant claims the trial court erred in denying his motion to suppress. We agree and therefore reverse and remand.

FACTS

At approximately 10:00 p.m. on March 3, 1995, Deputy Eileen Knighton, a deputy paramedic with the Davis County Sheriff’s Office, was patrolling North Salt Lake in a marked sheriffs department vehicle with her partner. Deputy Knighton observed…