STATE v. SCHLOSSER

No. 860061.

774 P.2d 1132 (1989)

The STATE of Utah, Plaintiff and Appellant, v. Anthony Price SCHLOSSER and Harris Lowder, Defendants and Appellees.

Supreme Court of Utah.

May 17, 1989.


Attorney(s) appearing for the Case

Stephen R. McCaughey, Christine S. Soltis, Salt Lake City, for Schlosser.

Loni F. DeLand, Salt Lake City, for Lowder.

R. Paul Van Dam, Sandra L. Sjogren, Salt Lake City, Donald J. Eyre, Juab County, for plaintiff and appellant.


STEWART, Justice:

Defendants Schlosser and Lowder were charged with unlawful possession of a controlled substance in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (Supp. 1988). Upon defendants' motion, the trial court ordered the suppression of all evidence obtained during a search of the pickup truck the defendants were riding in. On appeal, the State argues that the evidence was improperly suppressed. We affirm.

I. THE FACTS

Officer Howard...

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