State v. Lee

For the following reasons, I dissent.

The majority, in my opinion, has circumvented the defendant’s legitimate right to the protection provided by the Fourth Amendment and Article I, Section 14, of the Utah Constitution by relying on antiquated analysis and the inappropriate application of a procedural technicality.

Reasoning that the officer’s observation of the interior of the camper, with the aid of a flashlight, was from a position not protected by the prohibition against unlawful searches and seizures the majority concludes the Sergeant’s inspection of the camper did not constitute a…