Edward Stone
Attorney at Law
435.658.3366

LEVEL II STOP

Please select from below for applicable Utah statutes and explanations:

* This is by no means intended to be a complete description of property rights in the State of Utah. This page is intended to give a litigant an idea of a Level II stop analysis.. A complete description of rights can be found in the Utah Code and the Utah Rules. Do not rely on this page alone for guidance; consult with an attorney. This page does not create an attorney-client relationship.

Please contact Edward Stone for more information.

Under Utah case law, there are three permissible levels of police stops:
(1) An officer may approach a citizen at any time and pose questions so long as the citizen is not detained against his will; (2) an officer may seize a person if the officer has an articulable suspicion that the person has committed or is about to commit a crime; [and]
(3) an officer may arrest a suspect if the officer has probable cause to believe an offense had been committed or is being committed.


A level two seizure, which involves an investigative detention that is usually characterized as brief and non- intrusive, is a Fourth Amendment seizure and thus requires that police have a reasonable suspicion." State v. Alverez, "[A] level one encounter becomes a level two stop, and a seizure under the Fourth Amendment occurs when a reasonable person, in view of all the circumstances, would believe he or she is not free to leave. This is true even if the purpose of the stop is limited and the resulting detention is brief.


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Under Construction