STATE v. HYGH

No. 19402.

711 P.2d 264 (1985)

STATE of Utah, Plaintiff and Respondent, v. Gillis HYGH, Defendant and Appellant.

Supreme Court of Utah.

August 16, 1985.


Attorney(s) appearing for the Case

Edward Brass, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., J. Stephen Mikita, Salt Lake City, for plaintiff and respondent.


HALL, Chief Justice:

Defendant Gillis Hygh appeals a conviction of aggravated robbery, a first degree felony. U.C.A., 1953, § 76-6-302 (1978). Defendant alleges that the warrantless "inventory search" of his automobile after he was placed under custodial arrest was unlawful. We agree.

At about 10:00 p.m. on December 31, 1982, a man entered a service station in Salt Lake City and asked for a pack of cigarettes. As the clerk handed the customer the cigarettes...

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