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Show THE DAILY FOUR PAGE i wspsa. , i m TUESDAY. APRIL 10, 1973 RECORD .sysii . I In The Supreme Court Of The State Of Utah The State of Utah, Plaintiff and Respondent, law-abidi- ng FILED v. March 28, .1 j and should have been suppressed. We do nottdisagree with one basic proposition which underlies defendant's argument: that police officers may not arbitrarily and without justification stop automobiles of citizenry to conduct "fishing expedition" searches for evidence of some crime. This undoubtedly secure in their would transgress the constitutional protections of being persons, . . . and free from . ; unreasonable searches and seizures." But to be weighed with this are the practical exigencies involved in law enforcement. No. 13036 1973 "... Tino Bill Torres, Defendant and Appellant. L. M. Cummings, Clerk When a serious Tino Bill Torres seeks reversal of his conviction of having robbed the Star Service Station at 1055 West North Temple in Salt Lake City on the night of January 14, 1972. The basis of his attack upon the judgment is that he was convicted by the use of evidence which was obtained by an illegal search of the car in which he was riding shortly after the crime. that night a man (lqter identified as the defendant) fair-mind- entered the service station and forced the attendant at gun point to put about ,$35 into a bag and hand it over to him. Some witnesses observed the defenblack dant (described as a young Mexican-Am- e rican, with shoulder-lengt- h and a brown leather gray slacks) running jacket hair, wearing from the service station. By 11:20 P. M. Police Gfficer D. G. Madsen, who was patrolling in that vicinity, had received a radio report of the facts just stated. Minutes later, about 11:30 P. M. , Officer Madsen, at a intersection about three blocks northwest of'the crime, observed two young men in a yellow Volkswagen. He signaled the car to stop. Upon approaching he saw that the one young man closely fitted the description he had been given. When he asked the suspect to get out of the car, he noticed some money on the floor, which he found amounted to approximately $35. On the basis of these observations he placed the defendant under arrest and impounded the money as evidence. north-wester- ly well-light- , responsibility of the trial court to determine the question of reasonableness, and to rule upon the admissibility of evidence; that his rulings are indulged with a presumption of correctness; and that they should not be disturbed unless it clearly appears that he was in error. Applying the principles discussed herein to the facts of this case we see nothing which would justify overturning the convict ion. Accordingly, it is affirmed. WE CONCUR: that upon making such a Moreover, the rule is for which there is evidence officer seize a lawful arrest police any may a reasonable basis to believe is connected with the suspect or under his control and would be probstive of this or other crime. E. R. Callister, The defendant does not contend contrary to the propositions just His argument is that it was a violation of his rights for Officer Madsen to stop the car because he then did not have any justification for doing so; and that consequently there was no proper foundation for the arrest and the seizure, wherefore the evidence was illegally obtained A peace officer may. .. ... U. C. A. 1953, states: 1. Section without a warrant, arrest a person: . . . (3) When he has reasonable cause A. H. 1 well-establish- ed Further pertinent here are these principles: that it is primarily the ed It does not seem open to reasonable question that the just stated observations made by Officer Madsen justified placing the defendant under arrest. citizenry law-abidi- ng should be willing to put up with a moderate amount of inconvenience to cooperate with officers attempting to capture suspects. In some situations it is necessary and therefore justifiable to resort to measures which otherwise might be considered improper intrusions, such as' setting up road blocks and checking cars or conveyances in the area. In such exigencies it is essential that a reasonable degree of tolerance be indulged as to the judgment of police officers, so long as they are acting in good faith and within standards of decent and decorous behavior. It should be kept in mind that the test to be applied on the question as to whether there has been a violation of the constitutional rights referred to above is one of reasonableness: that is, whether persons, knowing the facts, and taking into consideration not only the rights of the individuals involved in the inquiry or search, but also the broader interests of the public to be protected from crime and criminals, would regard the conduct of the officers as being unreasonable. 5 CROCKETT, Justice: At about 11:15 P.M. crime has been committed, the ed Jr., Chief Justice F. Henri Henriod, Justice Ellett, Justice stated. 77-13- R. L. Tuckett, Justice 3. Art. I, Sec. 14, Utah Const. ; Amendment IV, U. S. Const. 4. That justifiable suspicion of pAice officer affords. .a. proper constitutional basis for stopping a person and momentarily the restraining person's freedom see Terry v. Ohio, 392 U.S. 1 (1967). 5. See Ker v. California, 374 U.S. 23; State v. Richards, 26 Utah 2d 318, 489 P. 2d 442; State v. Criscola, 21 Utah 2d 272, 444 P. 2d 517. 6. State v.. Criscola, footnote 4 above. "... -3, -- for believing the person to have committed a public offense, although not in his presence, and there is reasonable cause for believing that such person before a warrant can be obtained and served may: (a) . . . conceal himself to avoid arrest, or (b) Destroy or conceal evidence of the commission of the and see State v. Dodge, 12 Utah 2d 93, 365 P. 2d 798. offense, i 2. See Chimel v. California, 395 U. S. 752, 89 S. Ct. 2034 (1969); Harris v. United States, 390 U.S. 234; that evidence so seized need not be limited to the particular crime see Ramirez v. Rodriguez, 467 F. 2d 821 (10th Cir. 1972) at 824; and that this is particularly so as to automobile because of its mobility see Chambers v. Maroney, 399 U.S. 42, cited by us with approval in State v. Richards, 26 Utah 2d 318, 489 P. 2d 422. New 541 Sobleskl, Monica Calif; Latimer Rd. Snta VP, Jacques 1. 2674 Villarea Dr. L. Hunter, .Orange Calif, Vern 0. Curtis, 4201 Branfrd Dr. Huntngtn Bead Calif; Sec, Edward Shedlowski, 2279 Treas Rose 59098 W. Arlingtn Anaheim Calif; , Donald L. Eddy, 12302 W. St. Cerritos, Calif; - ES, INC. 1094 LEWIS HO Rchmnd Dr. Pres, Richard Claremnt Calif; A. Lewis, 2220 Ave La Verne Calif; Pattlglen VP, Robert E. Lewis, 6555 S. Plumas Reno Nev; Sec, Goldy S. Lewis, 1642 Woodbend Clrmnt Calif; Treas, Donald M. Thompson, 2905 N. Garey, Pomona Calif; 59099 - FRONTIER DRILLING, INC. 619 Vwpoint Dr. Grnd Junctn Colo; Pres, William G. Bush, 619 Vwpoint Dr. Grnd Junctn Colo; VP, R. Val Hoyt, 1st Natnl Bldg. 333 W. Hampden Englewd Colo; Colleen Bush, 619 Vwpoint Dr. Grnd Junctn Colo; Sec-Tre- as, 59100 - JUNIPER PETROLEUM C0RP. 1700 Brdway Denvr Colo; Pres, Sigmund J. Rosenfeld, 1660 Lincoln St. Denvr Colo; Sec, Erwin L. Single, 1660 Lincoln St. Denvr Colo; Treas, Larry C. Bidwell, 1660 Lincoln St. Denvr Colo; 59101 - TRANS DELTA OIL AND GAS 1700 Brdway Denver Colo; pres, Jack Yetman, 1330 Leyden St. Denver Colo; Sec, Eernest S. Baker, 735 Petrolem Clb Bldg Denvr Colo; Treas, Jack yetman, 1330 Leyden St. Denvr Colo; CO. , INC. 59102 - SMITH - HOLLADAY Shrldn Montana; Lee W. Frans -worth, 3147 Apache Provo; Y 59103 CONSTRUCTS , INC, 9849 E. Flower St. Bellflower Calif; Pres, Carl Wahlquist; VP, E. J. D led ike r, Jr; Sec, Mary M. Dawley; Trea, Carl Wahlquist; HOME 699 Vegas Nev; Pres, Hugh R. Campbell; VP, Kay R. Band ley; Sec, Hugh R. Campbell; Treas, Ethel (Doubenmler) Milner; 59105 - HLR SERVICE C0RP, 277 Park Ave N.Y. N.Y.; Pres, W. W. Weller, Jr, 340 Klngslnd St. Nutley N.J.; Sec, W. Tatlock, 340 Klngslnd St Nutley N.J.; Treas, B. L. Swanson, 340 Klngslnd St. Ntly N. J. ; 59106 - CENTRAL UTAH STOCK CAR RACING ASSOCIATION, 1650 S. State Provo; Melvin D. Sailors, P.0. Box 389, price; Tom Christen, 815 W. 1020 N. Provo; Don Close, 155 S. 1200 W Orem; 59107 - FRATERNAL 711 Tracy Mtge. 14932 $ll600 South 1035 Vest. 711 Lungerik etux to Bettilyon Mtge. $36,000. 2863 Market Street. 718 Alfred F. Bonacci etux to First Federal Sav. $31 Gorm V. Salt 500. as Lake City. 7 19. 750 Same 751 Werner E. A. Hahn etux to Prud. Fed. Sav. $18,100. 8793 766 768 Corporation to Prud 799 352 SO 609 Robert S. Fotheringham etux to Prud. Fed. Sav. $6750, 1917 South End Lake Drive. 8ll Paul J. East. Countertop Shop to Prud Fed Sav $301,500. 8600 South 3ll2 Vfest. Salt 8l6 John Corp. to Kings tern Mortgage $1525 j 000. 3251 West 1100 South. Wes- Row Lake M. City. Murphy etal to Valley Bank $18,382.50. Salt 823 831 Arthur J. Lauritzen to Western Sav. $12,800. weve got etux to Dumm Western Mtge. $15,750. Lake City. Equity Realty & to Prud Fed Sav Salt Lake City. Virginia. Fred Darylynn Griffiths to Const $269,850 LEASING FROM LINCOLN MERCURY IS JUST GOOD BUSINESS what it takes $ O Because Everyone Else Tells You Only How Much It Will Cost You . . . We Tell You What We Will Do For You For This Cost. South 1510 East, Dave L Naylor etux to First Fed Sav $22,750. 1277 South 390 East. Larry D to United Didericksen etux Savings $22,500 WE WILL SERVICE AND MAINTAIN YOUR NEW LINCOLN OR MERCURY FREEl YES. FREE! FOR 2 YEARS OR 24,000 MILES WHEN YOU LEASE IT FROM US-- AT NO EXTRA COST 5082 LaMancha Way. LEASE 771 772 Dennis Earl Bott etux to United Savings $21,900. 5123 LaBoeuf Drive. Robert D. Moore First Security ORDER OF 659, 8138 S. State Mdvl; Pres, James B. Padgett, 436 Hvr St. Mdvl; VP, Lindsay J. Carter, 12750 S. Rdwd Rd Rvrtn; Sec, Charles A. Roby, 671 E. 7500 S. Mdvl; Treas, John C. Nichols, 11859 S. 700 E. Drpr; EAGLES, Lick L Jackson etux to American Sav. $22,000. McLean, James W. Adams, 760 E. 500 S. Provo; Frank Johnson, 1026 N. 1200 W. Orem; t 1101 Ingleside Avenue, BUILDERS, INCORP. Suite 800 Frst Natnl Bk Bldg 302 E. Carson Ave Los FTanicis J Shove 11 etux Navalco. $52,200. Salt Lake City. TURN-KE- SUN 300 & 691 VHS Fed Sav $201,500. Trust Deeds ASSOCIATES, LTD. INCORP. 800 Contntl Bk Bldg SLC; John D. Smith, 1520 Wndr Lane SLC; Robert Holladay, Box 302 59104 - 787 792 Corporations 59097 - DENNY'S RESTAURANTS, INC. 510 S. Spring St. Los Angeles Cal.; Pres, James L. Trust Deeds 500. NO. 780 1529 etux to Bank $32, Preston Street Richard M. Hodges etux to First Federal Savings $20,750. 2635 East Manor Drive. A NEW COMET, MONTEGO, COUGAR, J. Speck etux Y REMEMBER . . . VOLUME IS OUR BUSINESS AT DON RICHARDS OPEN TILL 9:30 WEEKDAYS (SUNDAYS ) to First Federal Sav, $2l, 000. 8020 South ll50 East. MARQUIS, Y 12-4- 783 Strand MONTEREY, AND CONTINENTAL, MARK IV FROM DON RICHARDS LINCOLN-MERCURRECEIVE FULL MAINTENANCE COUPONS (EXCEPT TIRES, ALIGNMENT, WHEEL BALANCES) HONORED AT ALL FORD AND LINCOLN-MERCURDEALERS THROUGH THE NATION. EXTENDED MAINTENANCE UP TO 40,000 MILES AT A SMALL NOMINAL COST ALSO. LINCOLN MERCURY CAPRI CALL BOB SVITAK or PRESTON LEE 3469 SO. STATE SLC 262-923- 7 |