Utah Supreme Court· 6/20/1986

State v. Banks

Citations

720 P.2d 1380
36 Utah Adv. Rep. 7
1986 Utah LEXIS 815

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that reasons for delay were attributable to both the state and the defendant where the prosecutor failed to mail stipulation but defendant’s “counsel should have taken steps to locate it”
determining that, under Terry, it was reasonable to restrain with handcuffs and then frisk an occupant of a home subject to a search warrant
holding that handcuffing an individual present in a home during the execution of a search warrant was permissible for officers to \(ensure the officers' safety\ during the search) (citing Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 20 LEd.2d 889 (1968)
determining that there is \no question\ that an eighteen-month delay \raised legitimate questions\ regarding the right to a speedy disposition of a case
finding no prejudice to defendant under the Barker analysis and emphasizing that in that case the defendant “was not incarcerated while waiting for a decision to be rendered”
warrantless search may be made of individual in custody so long as probable cause for arrest exists independent of evidence discovered in search

Source: CourtListener parenthetical corpus (CC0).

Judges: Zimmerman, Hall, Stewart, Howe, Durham

Read full opinion on CourtListener

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

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