Legal Opinion
State v. Van Dyke
Court of Appeals of Utah
Decided December 10, 2009No. 20080613-CAPublishedCited by 11 opinions
1Opinion of the Court
OPINION
MeHUGH, Judge:
11 Robert Van Dyke appeals his conviction for driving under the influence of alcohol (DUI), see Utah Code Ann. § 41-62-502 (2005). 1 Van Dyke asserts that the trial court erred in denying his motion to suppress evidence, his motion to dismiss, and his motion to arrest judgment postconviction. Van Dyke also appeals the trial court's decision to permit the State to comment on his assertion of his Fifth Amendment rights. We affirm.
BACKGROUND 2
T2 On September 25, 2007, Van Dyke was arrested for DUI as he was leaving a sports park in Spanish Fork, Utah. As he walked toward his…
2Cases cited37 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Florida v. BostickSupreme Court of the United States · 1991
- Malloy v. HoganSupreme Court of the United States · 1964
- United States v. ArvizuSupreme Court of the United States · 2002
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3Cited by11 opinions
- State v. CharlesCourt of Appeals of Utah · 2011
- State v. StrieffCourt of Appeals of Utah · 2012
- State v. LloydCourt of Appeals of Utah · 2011
- State v. HarveyCourt of Appeals of Utah · 2019
- Fraughton v. Utah State Tax Comm'nCourt of Appeals of Utah · 2019
6 more not listed; retrieve them via the Exa API.