State v. Rowe

OPINION

ORME, Judge:

Defendant appeals her conviction of possession of a controlled substance, a third degree felony, in violation of Utah Code Ann. § 58 — 37—8(2)(a)(i), (b)(ii) (1989). We reverse.

FACTS

On October 7, 1988, a search warrant was issued and executed which authorized police to search for narcotics in the residence of Stan Swickey in Leeds, Utah. The warrant contained provisions which allowed police to enter “day or night,” and to effect the search without notice, i.e., on a “no-knock” basis. The warrant was issued based on information in the officer’s supporting affidavit that a…