State v. Boyles

State v. Boyles

IN THE UTAH COURT OF APPEALS
 

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State of Utah,

Plaintiff and Appellee,

v.

Kelvin Boyles,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030692-CA
 

F I L E D
(September 10, 2004)
 

2004 UT App 313

 

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Eighth District, Vernal Department

The Honorable John R. Anderson

Attorneys: Loni F. DeLand and Michael R. Sikora, Salt Lake City, for Appellant

Mark L. Shurtleff and Kenneth A. Bronston, Salt Lake City, for Appellee

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Before Judges Davis, Jackson, and Orme.

DAVIS, Judge:

    Kelvin Boyles (Defendant) appeals the trial court's denial of his motion to suppress evidence. We affirm.

    Defendant asserts that the officer extended the scope of the detention in violation of the Fourth Amendment by asking Defendant if he had any open containers because the officer did not have any articulable facts suggesting that Defendant had an open container of alcohol in the vehicle.

    After reviewing the record, we conclude that the officer had reasonable suspicion to ask Defendant if he had any open containers of alcohol in his vehicle. Defendant concedes that if the officer had reasonable suspicion to ask Defendant about open containers, then the subsequent search of Defendant's truck was done with probable cause because Defendant had admitted the violation. Therefore, because we conclude that the officer had
reasonable suspicion to ask about open containers, we affirm the trial court's denial of Defendant's motion to suppress.

    Affirmed.

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James Z. Davis, Judge

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WE CONCUR:

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Norman H. Jackson, Judge

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Gregory K. Orme, Judge