[Download] "State Idaho v. Kyle v. Fowler and Ronald" by Court of Appeals of Idaho No. 14388 * Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Kyle v. Fowler and Ronald
- Author : Court of Appeals of Idaho No. 14388
- Release Date : January 05, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is an appeal by certification from a district court order denying a motion to suppress evidence seized under a search warrant and a motion to dismiss criminal charges against the appellants. The issues relating to the suppression motion are: (A) whether the affidavit for the search warrant established probable cause; (B) whether the affidavit contained justification for nighttime execution of the warrant; and (C) whether the search and seizure exceeded the scope of the warrant. The issues relating to the dismissal motion are: (A) whether there was excessive delay in bringing appellants before a magistrate for their initial appearance; and (B) whether the state should have been allowed to refile charges against appellants after a magistrate had once dismissed them. We affirm the district court order insofar as it denies the motion to dismiss the charges. We vacate that part of the order relating to the suppression motion and instruct the district court to make further findings on remand. I. THE SEARCH WARRANT