Legal Opinion

State v. Beavers

Court of Appeals of Utah

Decided August 13, 1993No. 920056-CAPublishedCited by 21 opinions

1Opinion of the Court

OPINION

ORME, Judge:

Defendant appeals his convictions for theft, a second degree felony, in violation of Utah Code Ann. § 76-6-404 (1990) and burglary, a third degree felony, in violation of Utah Code Ann. § 76-6-202 (1990). He contends that police acquired evidence by way of a constitutionally improper, war-rantless seizure and that the trial court therefore erred in denying his motion to suppress evidence. We agree and reverse.

FACTS

In the early morning of November 12, 1990, burglars threw a shopping cart through the window of a Banana Republic store and removed fifty-two coats. Shortly…

2Cases cited40 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. Coolidge v. New HampshireSupreme Court of the United States · 1971
  5. Payton v. New YorkSupreme Court of the United States · 1980

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

3Cited by21 opinions

  1. Brigham City v. StuartUtah Supreme Court · 2005
  2. State v. TrippUtah Supreme Court · 2010
  3. State v. ComerCourt of Appeals of Utah · 2002
  4. City of Orem v. HenrieCourt of Appeals of Utah · 1994
  5. State v. YoderCourt of Appeals of Utah · 1997

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

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