 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Lafond4/3/2003
fficer Salis instructed Lafond to sit down near the front of the vehicle, and as she was walking to that location, he noticed Lafond put her hands in her front pockets. Lafond was wearing two layers of clothing, including large camouflage pants and a large sweater. He noticed her pockets were bulging and asked Lafond what she had put in her pockets. Lafond denied placing anything in them. Officer Salis then instructed Lafond to remove the bag she had placed in her pocket. Lafond retrieved the purse from her left front pants pocket and placed it on the hood of the car. Officer Salis, noticing the bulge in the right front pants pocket, instructed Lafond to remove the other bag from that pocket. Lafond denied having anything in that pocket and turned away from Officer Salis.
As Officer Salis approached Lafond, reaching for her right pocket, Lafond pulled out the leather coin purse and dropped it on the ground. Officer Salis picked up the purse and asked Lafond what it was. Lafond replied that she "do leather work." Officer Salis interpreted this response and Lafond's behavior as nervous and evasive, although he did not perceive Lafond's demeanor as hostile or threatening. Officer Salis then instructed Lafond to stand and face away from him. Lafond complied, and Officer Salis patted down the exterior of her right front pocket. While doing so, Officer Salis felt what he believed to be a pipe and asked Lafond to remove the object from her pocket. Lafond refused, and Officer Salis put his hand into her pocket and pulled out a small torch, a glass pipe, and a small glass jar containing what was later determined to be methamphetamine. Officer Salis then searched Lafond and made her empty her pockets. Officer Salis told the driver to get out of the car and searched him as well. Officer Salis then handcuffed the driver and Lafond and conducted a search of the vehicle, which revealed no additional contraband.
Lafond was subsequently arrested and charged with possession of methamphetamine. She pleaded not guilty and moved to suppress the evidence seized by Officer Salis. After the district court denied her motion to suppress, Lafond changed her plea to guilty, reserving the right to appeal from the denial of her motion to suppress. See generally State v. Sery, 758 P.2d 935, 939 (Utah Ct. App. 1988) (authorizing conditional pleas).
ISSUES AND STANDARD OF REVIEW
On appeal, Lafond argues that (1) Officer Salis's questions regarding weapons and illegal drugs exceeded the scope of the original traffic stop; (2) Officer Salis searched her absent probable cause or exigent circumstances; and (3) even if Officer Salis's conduct amounted only to a Terry frisk for weapons, the frisk was not justified by reasonable suspicion.
" actual findings underlying a trial court's decision to grant or deny a motion to suppress evidence are reviewed under the deferential clearly-erroneous standard[.]" State v. Moreno, 910 P.2d 1245, 1247 (Utah Ct. App. 1996), cert. denied, 916 P.2d 909 (Utah 1996). " hether a particular set of facts gives rise to reasonable suspicion is a question of law, which is reviewed for correctness." State v. Chapman, 921 P.2d 446, 450 (Utah 1996). "The legal standard for reasonable suspicion, however, 'is highly fact dependent,'" id. (citation omitted), and therefore we accord "a measure of discretion . . . to the [district court's] application of the legal standard to the facts." Moreno, 910 P.2d at 1247.
ANALYSIS
"The Fourth Amendment of the United States Constitution guarantees the 'right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.'" State v. Lopez, 873
Page 1 2 3 4 5 6 7 8 Utah DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|