Legal Opinion

State v. McLeod.

Court of Appeals of Utah

Decided March 29, 2018No. 20151062-CAPublishedCited by 3 opinions

1Opinion of the Court

Hagen, Judge:

¶1 Ty William McLeod appeals the district court's denial of his motion to suppress drug evidence discovered during a search incident to arrest. McLeod contends that the evidence should be excluded because the officer's subjective basis for the arrest was a mistaken belief that McLeod was the subject of an active arrest warrant. In denying the motion to suppress, the district court ruled that the arrest was objectively justified. Notwithstanding the officer's mistaken subjective basis for arrest, the officer's observation of a hand-to-hand transaction gave rise to probable cause…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Illinois v. WardlowSupreme Court of the United States · 2000
  3. Texas v. BrownSupreme Court of the United States · 1983
  4. Devenpeck v. AlfordSupreme Court of the United States · 2004
  5. Michigan v. DeFillippoSupreme Court of the United States · 1979

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3Cited by3 opinions

  1. State v. McLeodCourt of Appeals of Utah · 2018
  2. State v. SanchezCourt of Appeals of Utah · 2020
  3. State v. PolaCourt of Appeals of Utah · 2025

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