State v. Fair

353 P.2d 615, 10 Utah 2d 365, 1960 Utah LEXIS 188

Opinions

CALLISTER, Justice.

Defendant appeals from his conviction of unlawful possession of a narcotic drug,² contending that certain evidence was erroneously admitted because illegally obtained.

Two Salt Lake City police officers, acting upon information received from an informer, accosted the defendant in a local cafe, took him outside and searched him. They found two marijuana cigarettes in one of his pockets and placed him under arrest.

It is not necessary to determine whether or not the search was legal, because this court has previously held that evidence, even though illegally obtained, is admissible.³

Affirmed.

WADE and HENRIOD, JJ., concur.

Footnotes

2

. 58-13a22, U.C.A.1953.

3

. State v. Aime, 62 Utah 476, 220 P. 704, 32 A.L.R. 375.