State v. Shields, 12880
| Citation | 503 P.2d 848,28 Utah 2d 405 |
| Decision Date | 29 November 1972 |
| Docket Number | No. 12880,12880 |
| Parties | d 405 STATE of Utah, Plaintiff and Respondent, v. Bernadette Vastadore SHIELDS. Defendant and Appellant. |
| Court | Supreme Court of Utah |
Athay & Stansfield, Robert J. Stansfield, Salt Lake City, for defendant-appellant.
Vernon B. Romney, Atty. Gen., David S. Young, David R. Irvine, Asst. Attys. Gen., Salt Lake City, for plaintiff-respondent.
Defendant was convicted by a jury of grand larceny and was sentenced to an indeterminate term, as provided by law, in the state prison. On appeal, she contends that the trial court erred in denying her motion to suppress evidence seized from the automobile in which she was riding at the time of her apprehension.
During the morning hours, a sum of money in excess of $500 was removed from a cash drawer behind a counter in a department store in Fillmore, Utah. While the money had been left unattended by the store manager, a woman was observed in the vicinity of the counter. A witness described her as having dark hair and a dark complexion and as wearing a red skirt, white blouseAnd red shoes. This description was relayed to the police in adjoining towns. A policeman in Parowan, Utah observed a woman resembling the description, crossing a street to an automobile. The policeman verified the description and proceeded to stop the vehicle and place the woman and her child, who was also observed at the scene of the crime, under arrest. The automobile was being driven by a man, who followed with the occupants to the police station, where the suspects were incarcerated. Since the man was not mentioned in the bulletin, the police permitted him to leave. Subsequently, the authorities in Fillmore requested that the man also be detained. The police arrested him at a local cafe; his vehicle was parked and locked on the street in front of the restaurant. His vehicle was driven by the police to the station where it was searched. In the glove compartment the police found $527 in cash in denominations similar to those removed from the cash drawer. This money was the subject of the motion to suppress and subsequent to the court's ruling was introduced in evidence at the trial, where defendant again made a timely objection to its introduction into evidence.
On appeal, defendant urges that this money was the fruit of an unlawful search and seizure and was therefore inadmissible at trial. Defendant argues that all persons associated with the vehicle were incarcerated in the Parowan Jail at the time the officers took the custody and control of the vehicle and drove it to the police parking lot and searched it. Defendant claims that this warrantless search cannot be considered as being incident to an arrest for it was remote both in time and geographical proximity to the site of the arrest. Defendant contends that at the time that the search was conducted there were no longer any exigent circumstances; and, therefore, it was practicable to obtain a search warrant and the failure to do so made the evidence inadmissible at trial.
The instant case is controlled by the principles cited in Chambers v. Maroney 1 where...
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