State v. Sykes

I join the main opinion in its conclusion that the officer did not have a reasonable suspicion to stop the defendant, based on objective facts suggesting that the defendant might be involved in criminal activity. See State v. Leonard, 825 P.2d 664, 668 (Utah App.1991). I write separately to address appellate standard of review concerns posed by State v. Ramirez, 817 P.2d 774 (Utah 1991), and footnote 2 of the main opinion. Even though the main opinion correctly applies the clearly erroneous standard to the issue of reasonable suspicion because of overwhelming precedent to do so, footnote 2 of…