State v. Lopez

OAKS, Justice:

This is a case of first impression on what “circumstances make it reasonable” to issue a search warrant by telephone under U.C.A., 1953, § 77-23-4(2), adopted in 1980 as part of our new Code of Criminal Procedure. After denial of his motion to suppress, defendant was tried on stipulated facts and convicted of possession of a controlled substance with intent to distribute for value. § 58-37-8(l)(a). The court issued a certificate of probable cause. We affirm.

The certified transcript of Officer Russell’s telephone conversation with Circuit Judge Bean shows that both the officer…