STATE v. WALKER

No. 20090150.

267 P.3d 210 (2011)

2011 UT 53

STATE of Utah, Plaintiff and Appellee, v. Chanzy WALKER, Defendant and Appellant.

Supreme Court of Utah.

August 30, 2011.


Attorney(s) appearing for the Case

Mark L. Shurtleff , Att'y Gen., Jeffrey S. Gray , Asst. Att'y Gen., Salt Lake City, for plaintiff.

Linda M. Jones , Salt Lake City, for defendant.

Paul G. Cassell , Salt Lake City, Reed M. Richards , Ogden, for amicus Utah Council on Victims of Crime.


Associate Chief Justice DURRANT, opinion of the Court:

INTRODUCTION

¶ 1 In this appeal, we consider the constitutionality of a search warrant issued by a magistrate judge authorizing the police to draw blood from Appellant, Chanzy Walker. At a pretrial hearing, the district court concluded that the warrant issued by the magistrate lacked probable cause. But despite this conclusion, the district court denied a motion to suppress filed by Ms. Walker based...

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