(DOWNLOAD) "State Idaho v. John Wilford Lewis" by Court of Appeals of Idaho No. 14075 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. John Wilford Lewis
- Author : Court of Appeals of Idaho No. 14075
- Release Date : January 05, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
In this case we review an order suppressing evidence seized during the nighttime search of a residence. The question presented is whether an affidavit supporting the application for a search warrant contained sufficient justification for the nighttime search. The district court concluded that it did not. The state has brought this interlocutory appeal. We affirm the order. Part I of our opinion identifies the standards, constitutional and statutory, governing nighttime search warrants. Part II applies these standards to the warrant in the present case, concluding that the warrant was issued in violation of an Idaho statute. In Part III we consider whether violation of the statute should invoke an exclusionary rule, requiring suppression of the evidence seized. We hold that it should.