State of Utah v. Padgett

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State v. Padgett. Filed November 12, 1999 IN THE UTAH COURT OF APPEALS


State of Utah,
Plaintiff and Appellee,


Frederick P. Padgett,
Defendant and Appellant.

(Not For Official Publication)

Case No. 981286-CA

November 12, 1999 1999 UT App 328


Fifth District, St. George Department
The Honorable James L. Shumate

Kenneth L. Combs, Salt Lake City, for Appellant
Jan Graham and Catherine M. Johnson, Salt Lake City, for Appellee


Before Judges Wilkins, Greenwood, and Jackson.


"'[A] seizure within the meaning of the fourth amendment does not occur when a police officer merely approaches an individual on the street and questions him, if the person is willing to listen.'" State v. Bean, 869 P.2d 984, 986 (Utah Ct. App. 1994) (citation omitted); accord Florida v. Bostick, 501 U.S. 429, 437, 111 S. Ct. 2382, 2388 (1991). In this case, the trial court found that the officers approached Padgett with the intent of making a voluntary, level one contact. See State v. Johnson, 805 P.2d 761, 763 (Utah 1991) (stating "'officer may approach a citizen at any time and pose questions so long as the citizen is not detained against his will'" (citation omitted)). Our thorough review of the record persuades us that the trial court correctly concluded that the officers made a level one stop, and that Padgett was not seized.

Further, we agree with the State that Padgett waived any challenge to the voluntariness of his consent to search by failing to argue that point below, and by failing to brief it adequately on appeal. See Utah R. App. P. 24(a)(9); State v. Irwin, 924 P.2d 5, 7 (Utah Ct. App. 1996).

Accordingly, we affirm the trial court's denial of Padgett's motion to suppress.

Norman H. Jackson, Judge



Michael J. Wilkins,
Presiding Judge

Pamela T. Greenwood,
Associate Presiding Judge