[Download] "State Idaho v. Judy Thompson" by Supreme Court Of Idaho " eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Judy Thompson
- Author : Supreme Court Of Idaho
- Release Date : January 02, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Appellant, Judy Thompson, seeks review of a decision of the Idaho Court of Appeals in State v. Thompson, 113 Idaho 466, 745 P.2d 1087 (Id.App.1987), which reversed an order of the district court suppressing evidence obtained by means of a wiretap of Thompsons telephone. We affirm the decision of the Court of Appeals except its holdings that the installation of a pen register on Thompsons telephone line did not constitute a search within the meaning of art. 1, § 17 of the Idaho Constitution, and that there was probable cause for issuing the wiretap orders. We hold that the use of a pen register is a search under art. 1, § 17 of the Idaho Constitution, that the evidence produced by the pen register should not have been considered in the issuance of the wiretap orders, and that without the pen register evidence there was no probable cause to issue the wiretap orders. Therefore, we reverse the decision of the Court of Appeals on these issues and affirm the order of the district court suppressing the evidence obtained from the wiretap of Thompsons telephone.