State v. Steward

OPINION

RUSSON, Judge:

Michael Steward appeals his convictions of unlawful possession of marijuana with intent to distribute, a third degree felony, in violation of Utah Code Ann. § 58-37-8(l)(a)(iv) (Supp.1990), and unlawful possession of methamphetamine, a third degree felony, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (Supp.1990). We reverse and remand.

FACTS

The determination of the constitutionality of a police officer’s stop of a person under the fourth amendment of the U.S. Constitution turns upon the facts of each case, and, therefore, we review the facts in detail. State v.…