STATE v. PARKE

No. 20070840-CA.

205 P.3d 104 (2009)

2009 UT App 50

STATE of Utah, Plaintiff and Appellee, v. Jody Dale PARKE, Defendant and Appellant.

Court of Appeals of Utah.

February 26, 2009.


Attorney(s) appearing for the Case

Michael Misner and Lori J. Seppi, Salt Lake City, for Appellant.

Mark L. Shurtleff, Atty. Gen., and Jeffrey S. Gray, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before Judges BENCH, BILLINGS, and ORME.


OPINION

ORME, Judge:

¶ 1 This appeal presents the question of whether a protective frisk is constitutional when the facts show that the police officer effectuating a traffic stop subjectively believed the driver's shoulder movement indicated that the driver may have been hiding a weapon or narcotics in his waistband area; the driver became "somewhat agitated" and questioned the police officer's order to place both of his hands outside the window; and...

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