Layton City v. Oliver

OPINION

McHUGH, Judge:

¶ 1 Michael W. Oliver appeals the trial court’s denial of his motion to suppress. Because we conclude that the nearly three-and-a-half-hour detention of Oliver was unreasonable, we reverse.

BACKGROUND

¶ 2 At approximately 4:15 a.m. on December 1, 2002, Officer Brent Erickson of the Layton City Police Department was on patrol in his vehicle. Erickson observed a vehicle parked in a remote, undeveloped area of a subdivision. It was a cold morning, approximately twenty degrees Fahrenheit, but Erickson observed that the vehicle’s windows were not frosted over and found that the…