(Download) "State Utah v. Dennis Shoulderblade" by Supreme Court of Wisconsin " eBook PDF Kindle ePub Free
eBook details
- Title: State Utah v. Dennis Shoulderblade
- Author : Supreme Court of Wisconsin
- Release Date : January 25, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
For the second time, we have granted certiorari to review a Utah Court of Appeals decision concerning Dennis Shoulderblade. State v. Shoulderblade, 858 P.2d 1049 (Utah Ct. App. 1993), cert. granted, 870 P.2d 957 (Utah 1994). Previously, we reversed and remanded a court of appeals decision that affirmed Shoulderblades conviction. We directed the court of appeals to decide whether a voluntary consent to search was sufficiently attenuated from an illegal roadblock so as to preclude the application of the Fourth Amendment exclusionary rule. State v. Shoulderblade, No. 920239 (Utah Jan. 5, 1993) (order granting motion for summary Disposition). This attenuation analysis evaluates whether the police exploited their prior misconduct to obtain consent to search. If so, the evidence discovered in the search must be excluded. On remand, the court of appeals applied its own attenuation analysis from State v. Small, 829 P.2d 129 (Utah Ct. App.), cert. denied, 843 P.2d 1042 (Utah 1992), and ruled that because close temporal proximity precluded attenuation, the exclusionary rule applied. Shoulderblade, 858 P.2d at 1052-53. Accordingly, it reversed Shoulderblades conviction and remanded to the trial court. 858 P.2d at 1053.
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