State of Utah v. Lotte

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State v. Lotte. Filed August 26, 1999 IN THE UTAH COURT OF APPEALS


State of Utah,
Plaintiff and Appellee,


Wilhelmina Lotte,
Defendant and Appellant.

(Not For Official Publication)

Case No. 981469-CA

August 26, 1999

Second District, Farmington Department
The Honorable Jon M. Memmott

John Bucher, Salt Lake City, for Appellant
Jan Graham and Catherine M. Johnson, Salt Lake City,
Steven V. Major, Farmington, for Appellee


Before Judges Greenwood, Bench, and Orme.


Lotte appeals from the trial court's order denying her motion to suppress evidence. Commendably, the State confesses error and concedes that the officer engaged in an illegal search when he inserted his head into Lotte's vehicle without probable cause or exigent circumstances; the burnt spoon in the driver's side door compartment was not in plain view; and Lotte's consent to the warrantless search was not sufficiently attenuated from the officer's initial intrusion into the car to be constitutionally valid. Having reviewed the record, we agree.

Accordingly, we reverse the trial court's denial of Lotte's motion to suppress and remand the case with instructions to grant the motion and for such further proceedings as may now be proper.

Pamela T. Greenwood,
Associate Presiding Judge

Russell W. Bench, Judge

Gregory K. Orme, Judge