STATE v. SMITH

No. 20190550.

513 P.3d 629 (2022)

2022 UT 13

STATE of Utah, Respondent, v. Brett SMITH, Petitioner.

Supreme Court of Utah.

Filed March 1, 2022.

Rehearing Denied June 29, 2022.


Attorney(s) appearing for the Case

Attorneys: Sean D. Reyes , Att'y Gen., Jeffrey S. Gray , Asst. Solic. Gen., Salt Lake City, for respondent.

Stephen R. Frazier , Douglas J. Thompson , Provo, for petitioner.


INTRODUCTION

¶1 This case contemplates the applicability of the community caretaking doctrine to the seizure of a man found sleeping in his car in a McDonald's parking lot by the police. At his suppression hearing, that man—Brett Smith—sought to exclude evidence found as a result...

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