State v. Gardiner

ON CERTIORARI TO THE UTAH COURT OF APPEALS

ZIMMERMAN, Justice:

Defendant Chad Gardiner appeals from a conviction of assaulting a peace officer under section 76-5-102.4 of the Code and a conviction of interfering with a peace officer under section 76-8-305 of the Code. Utah Code Ann. §§ 76-5-102.4, 76-8-305 (1990). These convictions arose out of an incident in which Gardiner refused to permit an officer to conduct a search of the premises where a party was in progress. Gardiner claims that he had a right to forcibly resist the officer’s illegal search and the ensuing arrest.

Gardiner’s claims on…