"Despite what we said in [State v.] James, it is now clear that there can be a constitutional difference between a police officer's act of opening a car door and that same officer's request that a driver do so," according to the decision written by Associate Chief Justice Thomas R. Lee with the other four judges concurring.
October 25, 2021 at 06:19 PM
4 minute read
The Utah Supreme Court last week repudiated a previous decision that said it makes no difference whether a police officer opens a vehicle door or asks a driver to do so in the course of an investigation.
On Oct. 22, the state Supreme Court sided with the defendant, Robert Malloy, that the identity of the party that opens a vehicle door—whether it’s a police officer or driver asked to do so—may have constitutional significance under the Fourth Amendment.
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