BYU’s star football player Chaz Ah You was arrested on multiple charges in the middle of last month. Well those charges were overturned were overturned after a Utah County Attorney decided that he could not be prosecuted.
The charges included driving under the influence, reckless driving, unsafe lane travel, speeding and drinking in or about a vehicle. Ah You was pulled over Sunday afternoon after he was clocked doing 75 miles per hour in a 35 miles-per-hour zone.
Well, the charges were dropped and here is why the charges were dropped thanks to the Provo Daily Herald:
The police on the street are doing their very best to ensure our safety,” Leavitt said. “They arrest or cite an individual, fill out a report and send it to our office. We trust our law enforcement but to say that anyone is right on every occasion would be foolish. Chaz Ah You was arrested for reckless driving. Reckless driving is not an arrestable offense in the state of Utah. It is a citable offense.”
The inventory search that discovered two containers of alcohol, one partially full and one empty, as well as a THC vape pen in Ah You’s vehicle became suppressible evidence because Ah You should not have been arrested in the first place.
The sobriety tests that were administered after the arrest at the Utah County Jail should also not have taken place.
“When you are stopped and the search becomes inventory to that arrest, if there is no basis to search the vehicle, then there is no basis to charge because that is suppressible evidence,” Leavitt said. “Field sobriety tests are critical in determining whether to prosecute for DUI. But the field sobriety tests were performed as the result of an arrest that was for a citation that was a non-arrestable citation.”
He added that things like smelling alcohol or marijuana would have then made the search evidence admissible because the officer would’ve had specific probable cause to search the vehicle.
This is huge news for BYU and Ah You.