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State v. Cushing3/18/2004
if there is reasonable suspicion that the suspect has committed a criminal act, if there is a reasonable basis for believing that fingerprinting will establish or negate the suspect's connection with that crime, and if the procedure is carried out with dispatch. Of course, neither reasonable suspicion nor probable cause would suffice to permit the officers to make a warrantless entry into a person's house for the purpose of obtaining fingerprint identification."
Hayes v. Florida, 470 U.S. 811, 817, 105 S. Ct. 1643, 1647 (1985) (citation omitted).
Thus, the search of Cushing's person and his detainment in the patrol car cut off all possible justifications for entering and searching his apartment. That search was in no way "reasonably related in scope to the circumstances which justified [Cushing's detainment] in the first place." State v. Lafond, 2003 UT App 101, , 68 P.3d 1043 (quotations and citations omitted). Although the police were justified in the initial stop and were justified in pursuing and briefly detaining Cushing based on his evasive behavior, they were entirely unjustified in expanding the scope of their search once their reasonable suspicions were dispelled. Accordingly, the trial court correctly suppressed the evidence seized pursuant to that unreasonable search, and we affirm.
Norman H. Jackson, Judge
WE CONCUR:
Judith M. Billings, Presiding Judge
Pamela T. Greenwood, Judge
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