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STATE v. LOWE

No. 20090149-CA.

234 P.3d 160 (2010)

2010 UT App 156

STATE of Utah, Plaintiff and Appellee, v. Clay C. LOWE, Defendant and Appellant.

Court of Appeals of Utah.

June 17, 2010.

Attorney(s) appearing for the Case

Shelden R. Carter, Provo, for Appellant.

Mark L. Shurtleff and Marian Decker, Salt Lake City, for Appellee.

Before Judges DAVIS, McHUGH, and THORNE.

OPINION

McHUGH, Associate Presiding Judge:

¶ 1 Clay C. Lowe appeals from his conviction for possession of methamphetamine, a third degree felony, see Utah Code Ann. § 58-37-8(2)(a)(i), (b)(ii) (Supp.2009). Lowe argues that the trial court erred in denying his motion to suppress evidence. We agree and reverse.

BACKGROUND1

¶ 2 On February 24, 2008, Deputy Deke Taylor, a Provo City police...

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