State v. Munsen

GARFF, Judge:

Wendy L. Munsen, appeals the trial court’s order denying her motion to suppress, which resulted in her conviction for possession of a controlled substance. We reverse and remand.

Because the court’s findings are not at issue, we rely on the court’s findings of facts. On November 26, 1989, at about 3:30 a.m., Officer Jeff Jensen of the Mid-vale City Police was patrolling the parking lot of Smith’s Food King in Midvale, Utah. This store is open twenty-four hours a day. Officer Jensen observed a pickup truck parked “by itself” in the lot. On closer observation, he noticed a man lying…