State v. Lee

STEWART, Justice:

The defendant was charged and convicted of theft, a second-degree felony, in violation of § 76-6-404, Utah Code Ann. (1953), as amended, and burglary, a third-degree felony, in violation of § 76-6-202, Utah Code Ann. (1953), as amended. He appeals his conviction on the basis that the trial court’s failure to suppress the stolen equipment taken from his camper-truck constituted a *50denial of his constitutional right to be protected from unreasonable searches and seizures. The principal issue is whether an officer who, with the aid of a flashlight, looked into the windows of the…