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STATE v. ZESIGER

No. 20020058-CA.

65 P.3d 314 (2003)

2003 UT App 37

STATE of Utah, Plaintiff and Appellant, v. Tyler John ZESIGER, Defendant and Appellee.

Court of Appeals of Utah.

February 13, 2003.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Atty. Gen., and Jeffrey S. Gray, Asst. Atty. Gen., Salt Lake City, for Appellant.

Walter F. Bugden and Tara L. Isaacson, Bugden & Isaacson, LLC, Salt Lake City, for Appellee.

Before JACKSON, P.J., BILLINGS, Associate Presiding Judge, and BENCH, J.

OPINION

BENCH, Judge:

¶ 1 This is an interlocutory appeal by the State from an order suppressing evidence seized pursuant to a second search warrant. The trial court concluded that the taint on evidence obtained from an earlier search was not removed by the second warrant, and that the independent source rule "does not apply to violations of the `knock and announce' statute." We reverse.

BACKGROUND

¶ 2 During the course of an...

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