[DOWNLOAD] "State Idaho v. Joseph P. Kelly" by Court of Appeals of Idaho No. 13796 # Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Joseph P. Kelly
- Author : Court of Appeals of Idaho No. 13796
- Release Date : January 31, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Joseph Kelly appeals from his felony conviction for possession of marijuana with intent to manufacture. I.C. § 37-2732(a)(1)(B). The issues we address in this opinion fall into two broad categories: (1) whether the contraband introduced by the state against Kelly at his trial should have been suppressed upon the ground that it was seized in violation of the fourth amendment; and (2) whether Idaho's laws forbidding and penalizing the growing of marijuana are unconstitutional. We affirm the judgment of conviction. In 1978 Joseph Kelly purchased certain rural property in Adams County known as the See-Saw Ranch, consisting of a house, some outbuildings and acreage adjacent to U.S. Highway 95. In the late afternoon of September 14, 1978, Adams County Sheriff Jim Hileman and his deputy; Leroy Bean, drove to the ranch to investigate an informant's tip that marijuana was growing there. The officers parked their vehicle along Highway 95 and walked down an embankment to Kelly's fence line. There they observed a patch of approximately 450 well-tended young plants on the other side of the fence. They concluded it was marijuana. Both men immediately crossed over the fence and uprooted the plants. They noted that Kelly's dwelling was about 300 yards from the marijuana patch and that there appeared to be a path leading from the patch to the house. Armed with this information, Bean drove to a magistrate's home in Weiser to obtain arrest and search warrants.[Footnote 1] Bean testified under oath before the magistrate who found probable cause for issuing warrants to arrest Kelly and to search the buildings and premises of the See-Saw Ranch. Later that evening several officers returned to the ranch. They arrested Kelly and conducted a thorough search of the house and outbuildings, discovering dried marijuana, paraphernalia for smoking and processing marijuana and more growing plants. Unable to complete the search that evening, several officers returned the following day to finish the task. As a result of evidence obtained from this search and from the initial seizure, Kelly was convicted following a jury trial.