A Funny Case in Utah

I wanted to put a new post up but the few I am working on are not yet done, so I decided to paste a case for you guys. It is only a part of the case but it has some really great stuff. This happened in Utah in 1998, so this is pretty recent. I have underlined some of my favorite parts, so keep an eye out for those. On to the story...

...On March 1, 1998, Officer Paul Davis, a conservation officer for the Division of Wildlife Resources, was patrolling along the Green River. During his patrol, Davis observed a vehicle parked illegally on a boat ramp on the Green River at Flaming Gorge. Soon thereafter, Davis saw Wallace approach the boat ramp, walking toward the illegally parked vehicle. Davis informed Wallace that he had parked illegally, and that he would have to move the vehicle before he returned to fishing. Davis then asked Wallace for his fishing license, which Wallace produced. Davis also asked Wallace for his driver license, because Wallace's fishing license did not include the required driver license number. Davis noted that the name on the driver license, Charles Wallace, did not match the name on the fishing license, Charles Norman. Wallace explained the discrepancy, suggesting that he had merely forgotten to put his last name on the fishing license. Davis then amended the fishing license to include Wallace's last name and instructed him to move his vehicle.

After leaving the immediate area, Davis called dispatch and requested a driver license and warrants check and learned that Wallace's driver license had been suspended and that there was an outstanding warrant for Wallace's arrest. Davis returned to the area only to find that Wallace had moved his car to another no parking zone. Davis then found Wallace and informed him of the warrant and suspended license. Upon hearing this information, Wallace became upset, and told Davis that he would not have driven had he known his license had been suspended.

Davis then told Wallace that he would allow him to move his car to a nearby parking lot to avoid having the vehicle towed. However, based on the change in Wallace's demeanor, Davis asked for permission to search Wallace's vehicle for weapons before Wallace got in. Wallace agreed to the search.
Davis first discovered a soda can that had been converted into marijuana pipe lying upon the floor in front of the vehicle's front passenger seat. Upon seeing the can, Wallace's immediate reaction was to deny knowledge and suggest that his son must have left the can in the car. Davis then told Wallace that it was illegal to possess drug paraphernalia and asked if there were any drugs or other paraphernalia in the vehicle. Wallace said no and told Davis to continue looking. Davis then found a pair of overalls in the backseat, which Wallace admitted were his. As Davis began to remove the overalls, Wallace put a piece of candy into his mouth, fell to the ground, rolled up into a ball, and told Davis that he was not feeling well.

After helping Wallace to his feet, Davis searched the overalls and found a marijuana pipe. Wallace claimed that the pipe was not his and became more upset. Davis subsequently handcuffed Wallace, leaving his hands in front, placed him in the front seat of his patrol vehicle, and then put the can and the pipe into an evidence bag. He then returned to searching Wallace's vehicle where he found another marijuana pipe, which he placed into the evidence bag along with the can and the first pipe. Davis left the bag in his vehicle with Wallace and resumed his search. As he approached Wallace's vehicle, Davis heard the sound of a can being crushed and looked back to his vehicle to see Wallace moving furtively. Davis quickly returned to his vehicle to find Wallace trying to kick the evidence bag underneath the front seat of the police vehicle. Davis informed Wallace that tampering with evidence is a felony, ordered him to stop, and removed the bag from the vehicle. Davis then called for assistance.

While waiting for his back-up to arrive, Davis read Wallace his rights. Wallace responded that he had no rights and that he was going to die. He then briefly settled down. After approximately fifteen minutes, another officer arrived allowing Davis to conclude the search. Finding nothing more, Davis prepared to transport Wallace to the Daggett County jail where he had asked to be met by a drug recognition expert. Meanwhile, Wallace told Davis that he could not believe he was going to jail for “smoking one joint,” that he was going to die, and that the world was going to end. On the way to the county jail, Wallace continued to talk, informing Davis that he was a black belt in karate and that if he were let out of the handcuffs something unpleasant was going to happen. By this time, Davis had stopped the car to investigate the safest method to move Wallace's handcuffed hands from the front of his body to behind his back. Before arriving at a solution, however, Wallace solved the dilemma by stepping through his handcuffed arms, resulting in his hands being behind his back. Davis then resumed driving to the county jail.

On the way to the jail, Wallace experienced several more “mood swings,” characterized by his continued verbal and emotional outbursts. Upon arrival at the jail, Davis asked Wallace to volunteer a blood or urine sample. Wallace refused. Wallace was then examined by a drug recognition expert from the Utah Highway Patrol, following which Wallace requested an attorney. Wallace was told that he would be allowed to use the phone as soon as he was processed; however, Wallace refused to cooperate. He was then placed in a cell and told that the officers had requested a search warrant that would allow them to draw blood to test for narcotics in his system.

Davis obtained the search warrant and presented a copy of it to Wallace. Wallace told Davis that he would die before giving the police blood and refused to cooperate any further. Following a protracted attempt to calm Wallace by as many as six uniformed officers, Wallace assumed a “karate posture” and feigned a punch at an officer. During the ensuing confusion, Wallace solidly punched the same officer in the face, which resulted in Wallace being tackled and restrained by five police officers. The technician who had been requested to draw Wallace's blood then entered the cell and successfully drew blood from Wallace's arm. The sample tested positive for amphetamine, methamphetamine, and a cocaine metabolite.

On the day of trial, Wallace requested a continuance to obtain new counsel. The trial court denied Wallace's request. During a short recess following his motion, but prior to the start of the trial, Wallace left the courthouse and did not return and could not be found. As a result, the trial court issued a warrant for Wallace's arrest and Wallace was tried in absentia. Wallace was convicted of attempted tampering with evidence, assault against a police officer, driving with any measurable controlled substance in the body, unlawful possession of a controlled substance, possession of paraphernalia, driving while license suspended or revoked, and illegal parking. This appeal followed.
-State v. Wallace, 55 P.3d 1147 (Utah App. 2002)

Great stuff eh? Hopefully I can get my other posts done soon. I'll be back with more (shorter stuff) later.