State v. Brake

In State v. Brake, 2004 UT 95, 103 P.3d 699, the Court decided that Court's would review for correctness mixed questions of fact and law in the context of Fourth Amendment search and seizure cases. The Court grounded this decision in the substantial constitutional issues at stake, determining that the variety of fact patterns in those search and seizure cases was not unmanageable and did not outweigh the need for uniform legal rules. The Court concluded that, in the context of Fourth Amendment search and seizure cases, the need for a consistent body of case law that would set statewide standards demanded that we review each of these determinations for correctness.