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CITY OF ST. GEORGE v. CARTER

No. 960704-CA.

945 P.2d 165 (1997)

CITY OF ST. GEORGE, Plaintiff and Appellant, v. Steven Reese CARTER, Defendant and Appellee.

Court of Appeals of Utah.

September 11, 1997.

Attorney(s) appearing for the Case

Gary G. Kuhlmann and Paul E. Dame, St. George, for Plaintiff and Appellant.

Gary W. Pendleton, St. George, for Defendant and Appellee.

Before BENCH, BILLINGS and GREENWOOD, JJ.

OPINION

BENCH, Judge:

The City of St. George (the City) appeals the trial court's order granting defendant's motion to suppress. We reverse.

BACKGROUND

Defendant was a drive-through customer at an Arby's restaurant in St. George. Rick Hafen, an Arby's employee, noticed a can of Keystone beer in defendant's lap when he collected defendant's money, and later saw him drink from the can. Based on how far defendant tipped the can when drinking...

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