State v. Atwood

BENCH, Presiding Judge:

Defendant was charged with leaving the scene of an accident and driving under the influence. Defendant moved to suppress evidence obtained as a result of a trooper’s entry onto a parking lot where defendant had parked his car. The motion was granted and the case was subsequently dismissed. We reverse and remand for further proceedings.

FACTS

A Fourth Amendment analysis of police conduct is fact sensitive; therefore, the facts of this case are presented in detail. State v. Jackson, 805 P.2d 765, 766 (Utah App.1990).

At approximately 4:00 a.m. on the morning of October 27,…