Chaz Ah You arrested

[Fido]

So from a legal POV, everything has been dropped so there is no issue there.

Also from the article:
Ah You has not participated in practices, and head coach Kalani Sitake said on March 2 that the player, who would have been sidelined anyway due to offseason shoulder surgery, “has got to go through a process” before he can rejoin the team.
Sitake said it would be “inappropriate” to say more.
“We love him and we will support him the best we can,” Sitake said last week.
A BYU football spokesperson confirmed Monday evening that Ah You is still enrolled in classes at BYU.


So he is at least going through something with team discipline. He is still enrolled and attending classes so there doesn't appear to be issue with the Honor Code office--either they waited to see the outcome of the charges or are working with the team on their discipline. We'll have to stay tuned there.

[ABYUFAN]

Sounds like there was some question on whether some or all of the evidence indicating Ah You was drunk and high at the time would be deemed inadmissible and rather than get a black-eye on shoddy police work they are dropping the case.

That was my thought as well, somewhere there is a police officer who is in trouble

[snoscythe]

Sounds like there was some question on whether some or all of the evidence indicating Ah You was drunk and high at the time would be deemed inadmissible and rather than get a black-eye on shoddy police work they are dropping the case.

Yeah. DA was pretty careful to say lack of admissible evidence.

With that, this development hasn't changed my thoughts on Ah You much at all--just got lucky twice here. Once when he didn't hurt anyone while he was being a selfish tool, and then again when someone on the justice side dropped the ball.

[hawkwing]

[snoscythe]

When asked if the inventory search in Chaz Ah You’s car was an improper search:

I will say that reckless driving is not an arrest-able offense and because you can’t arrest for reckless driving, there’s no basis to do an inventory search. If there is no basis to search the vehicle, then there is no basis to charge because that is suppressible evidence.

So, anything discovered in a search of the car after Ah You's arrest without Ah You's consent (the open container, THC vape pen, etc.) would have been found through an illegal search by the arresting officer, and as fruit of the poisonous tree would not be admissible evidence at trial. Without that evidence, and looking only at what was left, there wasn't enough to prosecute.

It'll be interesting to see what type of release the Utah County Sheriff's office puts out, because they're not going to like Leavitt holding court with the press like this (which he has never done before) and then claiming he's not treating Ah You any differently than any other case.



Chaz got lucky.

[Fido]

One interesting thing UCA David Leavitt said today was that the officer followed BYU LB Chaz Ah You for 7 miles before pulling him over. Seven miles! If Ah You was going that fast (75 mph, reportedly) and driving that recklessly, why wait 7 miles?

[snoscythe]

Based on the statement from the Utah County Sheriff's office, Ah You was driving recklessly, had open containers of alcohol and THC in the car, but gets to walk because the rookie deputy didn't follow procedure.



Interesting that Chaz Ah You immediately started deleting tweet moments after the Sheriff's office press release above--tweets where he had been claiming vindication all day and thanking all those who stood by and supported him and didn't believe that he would ever drink and drive....and then the rest of the story came out.

[hawkwing]

Based on the statement from the Utah County Sheriff's office, Ah You was driving recklessly, had open containers of alcohol and THC in the car, but gets to walk because the rookie deputy didn't follow procedure.



Interesting that Chaz Ah You immediately started deleting tweet moments after the Sheriff's office press release above--tweets where he had been claiming vindication all day and thanking all those who stood by and supported him and didn't believe that he would ever drink and drive....and then the rest of the story came out.

Essentially this is a warning, don't try to sue or all that evidence that can't be used in a criminal case will be brought forth in the civil case and you'll be buried.

[BroncoBot]

Ugly, poorly managed, hate to see someone walk who did something this stupid.

[imuakahuku]

Based on the statement from the Utah County Sheriff's office, Ah You was driving recklessly, had open containers of alcohol and THC in the car, but gets to walk because the rookie deputy didn't follow procedure.



Interesting that Chaz Ah You immediately started deleting tweet moments after the Sheriff's office press release above--tweets where he had been claiming vindication all day and thanking all those who stood by and supported him and didn't believe that he would ever drink and drive....and then the rest of the story came out.

What I wonder and maybe one of our lawyers here can help, open contain can be empty but still be an open container. And if you are arrested don't they charge you with suspicion of DUI not DUI? It only changes once you get the Breathalyzer or blood work as I understand it. The touch your nose and walk in a straight line are just indications not proof right? I'm not trying to excuse but it seems to me that the blood test or breathalyzer are the key pieces to any case for DUI which on it's own is bad enough. Who cares about the open container or the changing lanes etc. Every day I see several people driving to and from work that exactly match that officer's description and I'm pretty sure they are not all drunk.