(Download) "State Utah v. Jeffrey Scott Nielsen" by Court of Appeals of Utah * Book PDF Kindle ePub Free
eBook details
- Title: State Utah v. Jeffrey Scott Nielsen
- Author : Court of Appeals of Utah
- Release Date : January 06, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Defendant Jeffrey Scott Nielsen appeals from a jury verdict finding him guilty of possessing a controlled substance with intent to distribute for value, a second degree felony. U.C.A., 1953, § 58-37-8(1)(a) (Repl. Vol. 6A, 1974 ed., 1985 Supp.). Nielsen argues that intentional misstatements in the affidavit supporting a search warrant for his residence rendered the warrant invalid under the fourth amendment to the federal constitution and required suppression of the evidence obtained pursuant to that warrant. He also argues that the information in the affidavit supporting the search warrant was insufficient to permit a finding of probable cause and that the trial courts refusal to require disclosure of a confidential informants identity violated his due process rights. Although the officers misstatements were intentional and in bad faith, we find that the misstatements did not materially affect the magistrates finding of probable cause; therefore, the warrant must be sustained as a matter of federal law. Moreover, we find that the information in the affidavit supported the magistrates finding of probable cause and that the trial court did not err in refusing to require disclosure of the identity of the confidential informant. The conviction is affirmed.