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Show THE DAILY RECORD FOUR PAGE THURSDAY, OCTOBER, 197' In The Supreme Court Of The State Of Utah and the participants themselves voluntarily took the evidence from the car and turned it over to the officer. Under such circumstances to postu late that it was necessary or advisable to obtain a search warrant, we cannot see as anything other than an exercise in futility. .This is said in full appreciation of and desire to carefully safeguard the rights of all citisens from any- arrest; State oi Utah, No. 13283 FILED September 28, 1973 Plaintiff and Respondent, . v. thing that might even approach oppressive or unreasonable intrusions upon Richard Eudore Bray, their constitutional rights. L. M. Cummings, Clerk Defendant and Appellant. i have but recently had occasion to consider similar contentions, that evidence obtained in connection with apprehending persona suspected of crime was unlawfully seized and therefore too tainted to be used as evidence; and have stated our views: That such contentions are unsound unless there is some basis upon which it can be said that the seizure was in fact unreasonable, having due regard for the rights of the accused and the protection of the interests of the public in investigating crime; and that greater liberality is indulged with respect to mobile things such as automobiles than as to homes or buildings. A case so similar on its facts that it is not distinguishable in principle is that of State v. Eastmond4 which we refer to as controlling, he re. We CROCKETT. Justice; Richard Eudore Bray seeks reversal of his conviction by a jury of burglary. His contention is that there was no proper basis for his arrest, which made it unlawful, and that therefore evidence taken by the police officer in connection therewith was unlawfully seised and second-degre- e 1 should not have been admitted in evidence. 1972, the Pexton Wholesale Supply During the night of June 5, warehouse in Nephi was broken into and some cash and merchandise taken. About 6 a.m. an employee so discovered and telephone calls were made to the company's president, Harlow Pexton, the sheriff's office and the highway patrol. Highway Patrolman Joseph D. Benson, acting on information that suspicious acting persons were about the Shamrock Service Station in the town of Beaver, went there to investigate. He observed.a man (later identified as Earl Anderson) who seemed to be trying to hide from him by going behind a car and around a building. In Anderson's car he noticed another man (defendant Bray) asleep on the front seat. He asked these men to get into his patrol car and answer some questions. He radioed an NCIC check (National Crime Information Center) which revealed nothing as to the defendant. 4-- There are some further, perhaps unnecessary, but valid, observations to be made here. The real objective in criminal proceedings, of seeking out the truth and doing justice, is too often lost sight of because of technical rulings, which are extrapolated in hypertechnical effect into situations where they should have no application; and the spurious notion has arisen that anyone, however evident his guilt, is entitled to counsel on appeal and a review of his conviction no matter how meritless the appeal may be. Douglas Pexton testified as to defendant Bray's participation in the burglary; and Mrs. Delia Anderson testified that Bray had himself similarly told her and her husband about it. From this and other evidence the defendant's guilt appears to be so certain that, even without the physical evidence, there could be no reasonable doubt. Wherefore, even if admitting the evidence in question should be deemed error, that would not justify reversal of his conviction. At the During this time two juveniles, Douglas Pexton and Robert McMurray, had come into the service station. After receiving information that Pexton and Anderson were AWOL juveniles, and were suspects in the burglary at Nephi, Officer Benson asked the defendant and Anderson if they knew the just named juveniles, which they denied. Whereas, the juveniles in the station said that the four of them had been traveling together in the car. Upon the basis of the information thus furnished, and the obvious lying to the officer, he told all four boys that they were under arrest. trial Affirmed. No costs awarded, n't t WE CONCUR: Upon his own initiative and before anything further was said by the officer, Anderson went to his car and took a First Security money bag from under the front seat and handed it to the' officer saying: "You probably want this." Then the three boys began to voluntarily move from the car a number of items which, it is not disputed, had been stolen from Pexton's, and which included the First Security money bag containing $1,225: certain articles E. R. Callister, Jr., Chief Justice F. Henri Henriod, Justice identified as belonging to James Pexton, and which had last been seen in the Pexton warehouse, including: 1. his wallet containing his credit cards and family pictures, last seen in Pexton's desk at the warehouse; 2. his watch; 3. his checkbook; 4. a . 38 caliber revolver; 5. two watches; and 6. a satchel case with four bottles of liquor. A. H. Ellett, Justice R. L. Tuckett, Justice In considering the defendant's contention that the evidence above listed was taken in an unlawful search and seizure it is important to have in mind that what is proscribed is an "unreasonable" search and seizure. 1 The only thing this writer can see unreasonable in this situation is that the constitutional protections in our law have become so distorted and so far removed from their reasons for being, that it is possible for a man in his right mind and with a straight face to urge that this is such an unreasonable search; and upon that predicate to argue that all of the proceedings and a jury verdict should be nullified. 1. Art. 1, Sec. 14, Utah Const. ; Amendment IV, U.S. Const. This is a case where a felony had in fact been committed, where there was sufficient reason to suspect that the defendant was implicated therein; and there was therefore a justifiable basis to place him and the others under 2. State v. Kaae, Utah 2d P. 2d (Aug. 13, 1973 12904); 21 444 2d 517 2d v. Utah State (1968), Cooper v. Calif., 386 P. 272, Criscola, U.S. 58; Stacey v. Emery, 97 U.S. 642; Moore v. People, 171 Colo. 338, 467 P. 2d 59 (1970). 3. See Carroll v. United States, 267 U.S. 132; Chambers v. Maroney, 399 U. S.42. 4. 28 Utah 2d 129, 499 P. 2d 276. 5. Cf. Anders v. California, 386 U.S. 738 (1966). -1 6. Our statute Sec. provides that errors which do not affect the essential be of the rights parties disregarded; see State v. Scandrett, 24 Utah 2d 202, 468 P. 2d 639; and Harrington v. California, 395 U.S. 250, to the effect that if it appears beyond a reasonable doubt that the error was not prejudicial, the conviction should p 77-42- not be reversed. Bankruptcies 752 - Chri,s James Lobato, 943 E. 7 S. SLC; truck driver, Concrete Prod Co; Liab, $5,387 Assets, $627, Ex, $273 753 - Lila Thorton Lobato 6421; E. 4500 S. Murray; unemployed Liab, $5,839 Assets $627 Ex, $273; Foreman, Spudnut Ind, Liab $6,474 Assets $1,260 Ex. $150 - Glade Rule Beckstead 7432 S. 2700 W. West Jordan; meat cutter Jordan Meat Liab $7210 .Assets, $125 Ex. $25 762 - Weston Alfred Gouge 763 St. chasing agent, Miller Evans . Ronald Keith Simister, 754 273 S. 2500 W. Grngr; apprentice, Granite School District; Liab, $12,708.77 Assets $770 Ex, 320 755 - Calvin Dean Jones 72 W Amer.Dr, SLC; brick mason, Kalmar and Sons; Liab $26,473 Assets, $1,679; Ex, $1,198 756 - Glen Douglas 2658 Childs Ave, Ogden; businessman, none Liab, $6,918; Assets $180 Ex, $180; 757 - Howard Blaine Koyle 257 S. 500 E. Pauson, laborer, Boyles Bro. Dulling Co, Liab $16139 Assets, $145 Ex, 192 - N. Dale Sargent 120 N 5. E. Kaysville; hair stylist Liab $50068 Asset, 758 self-employ- ed $7345 Ex, $2,577 759 - Dean Gleen 1128 N. 1520 E. Logan, Liab Ex. $15,805 Assets, $7,033 $1,093 R self-employ- ed Supply Co $552 Ex, $245 764 - Lucille Florence 3 09 Evans St. Milton-Freewat- Gouge H - Kenneth James Parry 442 S. St aye 172 Clearfield 765 Dale Hunter 3214 Porter Ave Ogden, shop foreman, Future Ind; Liab $18,808 Assets $283 Ex, $265 - Norman Loyd Christensen 4646 Tina Way Murray, body re pair man, body work on autos Liab $42,076 Assets, $3,267 Ex, $3275 - Darla Rao Christensen 464 Tina Way Murray , housewife, Liab $$42,067 Assets, $3,232 767 A. 774 - Leonard Keith Bell 170 E. 1150 S. Sandy; mechanic Kenne-co- tt Copper Corp; Liab $9,865 Assets $230 Ex. $75 775 - Arthur Wilson 665 N. 1300 W. SLC Draftsman Elmco Douglas Ray Russell 5388 Circle, Dougway, cook, Dougway Hosp; Liab $3,690 Assets $810 Ex. $810 769 Car $1,093 770 - Alan Parry Rt 1 Box 237 Sprlngvllle, Laborer, Sprlngvllle City $8,979 Assets R $752 Ex, $100 . 794 - Wayne Henry Herlltz 1342 4200 S. Taylorsville, line $43,026 Assets $9,010 Ex, $5,600 - Ronald Lester Collard 3270 S. 4140 E. SLC; equip operator, Biertllng Bro Const; Liab $14,228 Assets 313 Ex. $155 785 - International Silver ing Co, 39 Exchange Liab $374,217 Place, S. 2835 W. SLC deputy sherrif SL County; Liab $9,018 Assets, $205 Ex. $50 779 - Douglas lawrence Herman 9462 Dolomite Way Sandy; air- - craft mech; U S. Government Liab $22,586 Assets $1,248 Ex. $1,069 780 - Morris Joe Howard 3559 MinSLC $7310 Ex, $6,945 $5,923 Assets $1,984 Ex, $1,172 796 36 $275 . marketing and $21,831 Assets SLC 797 - Jerry Archibald 1285 E. 5825 S. Ogden; salesman, none Liab $36,173 Assets, $601 Ex, $379 - William Earl McLean 1450 Gillespie SLC; mechanic, Verl Thorton Am. Oil; Liab, $40,089 798 Assets $1,511 Ex, $550 789 - Larry Lewis Eppley 63 Alrlane Dr. Clearfield, line Liab $7,771 Assets $1,185 Ex, S. $9000 - Bros Trucking - Market Inter Cable Dlv, W. 2 installing, Bruce Unck 1984 W. 4700 S. Roy;, fitter. Jetway Equl 788 - Donald Rutherford 456 E. 2 3 N. Price; miner. Carbon Fule; Liab $14,123 Assets $3375 Ex, $500 Zertuche Torres Valhalla Dr. Clearfield line driver. Consolidated Freightways, Liab $43,205 Asseti - Dayton Paris Belgard 1045 St. SLC brakeman and switchman, Union Pacific; Liab $4,03; Ex. $7,971 driver, Leatham (. 795 - Jack Wesley Stulce 4721 S. 2575 W. Roy; truck Driver W. S. Hatck $33,602 Assets - Randall Earl Grove'4185 . Emery 786 787 - Alfredo i 1207 driver. Pacific Intermtn' Express Ex. $200 778 Liab $4,599 Assets $675 Ex, fabricator, Stream King; Liab, $34, 588 Assets $7,085 Ex, $1,195 784 Corp; Liab $5,963 Assets $372 375 - JoAnna Louise Guthrie 793 - Steve Johnston 60 W. 1 N. Richfield; attorney, self- emply Liab $13,762 Assets $233 - Howard Burgess 2441 S. 7200 W. Mgna, Fiber glass W. W. $98,919 Assets $48,307 170 783 $7,757 Assets $1,195 Ex. $550 792 - Hoffman Meat Prod 1020 12300 State, Riverton; Liab Liab $29,996 Assets $505 Ex, Steel 5566 S. 2300 W. Roy; unemply; Ex, $3252 Margaret Wegner SLC housewife 4732 Woddock Lane Co; Liab, $9,150 Assets $294 Ex. $214 776 - Ealeanor 782 773 - Joseph Gale Severson 210 N, Broadway Tooele; painter, 777 - Alexander John Mondragon 77 N. 4 St. Tooele; Diesel Mech; Tooele Army Depot; Liab, $8,070 Assets $335 Ex, $85 768 Hansco; Liab $58,380 Assets, $15,260 Ex, $145 Slsslon Co, Carpenter, Liab $5,468 Assets $627 W - Cleo 0 Eppley 63 Alrlane Dr. Clearfield housewife; Liab 790 791 - Sandra Ann Kimball Bell 1223 N. Jefferson Ogden, counselor, Wever State College; Liab $11626 Assets $830 Ex, $377 781 - Kurt Hans Wegner 4732 Woddock Lane SLC, salesman, er housewife Liab $309,694 Assets, $332 Ex, $50 766 .Ernie 772 Am. - Esabelle D Gleed 1128 N. L520 E. Layton, housewife Liab $15,805 Assets, $7,033 Ex, 761 - George Bruce Pickering 5198 State Murray Ass. Mall pur- er Liab $309,694 Assets A 760 Milton-Freewat- 909 Ogden Ave, Ogden; lube engineer and loader operator. Great SI Mineral Co; Liab $5,868 Assets $326 Ex, $230 Hachmelster Jr. 254 Jackson Ave Ogden, Hydraulics Repairman, Hill Air Force Base Liab $21,790 Assets $2, 499 Ex, $3,338 771 -- , 799 - Tommy K Ezell 174 E. 1400 S. Clearfield; unemply; Liab $15,840 Assets $427 Ex. $377 |