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STATE v. HARDING

No. 20100291.

282 P.3d 31 (2011)

2011 UT 78

STATE of Utah, Plaintiff and Respondent, v. Tina HARDING, Defendant and Petitioner.

Supreme Court of Utah.

Rehearing Denied April 23, 2012.

Attorney(s) appearing for the Case

Mark L. Shurtleff , Att'y Gen., Marian Decker , Asst. Att'y Gen., Salt Lake City, for respondent.

Margaret P. Lindsay , Provo, for petitioner.

Justice PARRISH, opinion of the Court:

INTRODUCTION

¶ 1 The sole question before us is whether a police officer may search two backpacks belonging to a passenger in an automobile after receiving only the driver's consent to search the vehicle. The district court's factual findings are not sufficiently particularized for us to conclusively make this determination. We therefore remand with instructions for the district court to make additional factual...

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