State v. Fair
State v. Fair
Opinion of the Court
Defendant appeals from his conviction of unlawful possession of a narcotic drug,
Two Salt Lake City police officers, acting upon information received from an informer, accosted the defendant in a local cafe, took him outside and searched him. They found two marijuana cigarettes in one of his pockets and placed him under arrest.
It is not necessary to determine whether or not the search was legal, because this court has previously held that evidence, even though illegally obtained, is admissible.
Affirmed.
. 58-13a22, U.C.A.1953.
. State v. Aime, 62 Utah 476, 220 P. 704, 32 A.L.R. 375.
Concurring Opinion
(concurring).
I concur on the ground that under the circumstances disclosed by the record, and any contention the defendant reasonably could make with respect thereto, it appears that the search was justified and the evidence was admissible.
Reference
- Full Case Name
- STATE of Utah, Plaintiff and Respondent, v. Tommy Otis FAIR, Defendant and Appellant
- Cited By
- 7 cases
- Status
- Published