State v. Markland

DURRANT, Justice:

¶ 1 In this case, we must determine whether David Roger Markland’s constitutional right to be free from unreasonable searches and seizures was violated when a police officer detained him in order to run a five-minute warrants cheek. At issue is whether Markland’s detention was justified by a reasonable suspicion that Markland had engaged, was engaged, or was about to engage in criminal activity. The district court concluded that Markland’s detention was justified. However, in a 2-1 opinion, the Utah Court of Appeals reversed, holding that the detention was unlawful because…