STATE v. CHRISTENSEN

No. 18365.

676 P.2d 408 (1984)

The STATE of Utah, Plaintiff and Appellant, v. Eugene O. CHRISTENSEN, Defendant and Respondent.

Supreme Court of Utah.

January 17, 1984.


Attorney(s) appearing for the Case

William K. McGuire, Farmington, David L. Wilkinson, Robert N. Parrish, Salt Lake City, for plaintiff and appellant.

C. DeMott Judd, Jr., Ogden, for defendant and respondent.


STEWART, Justice:

This is an interlocutory appeal from a motion to suppress a container seized from the defendant's truck and a statement by the defendant that he was the owner and driver of the truck. The defendant was charged with assault by a prisoner. At a pre-trial hearing, the defendant moved to suppress the above evidence, and the trial court granted the motion. We reverse in part, affirm in part and remand.

I.

On September 24, 1981, the Layton...

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