[Download] "State V. Cada" by Court of Appeals of Idaho ~ Book PDF Kindle ePub Free

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eBook details

• Title: State V. Cada
• Author : Court of Appeals of Idaho
• Release Date : January 29, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

We are once again called upon to address the complex issue of the scope of constitutional protections against unreasonable searches and seizures. In this case, law enforcement officers made two late night entries onto the driveway to the defendant's home in an effort to determine whether the defendant was engaged in growing marijuana. During these covert visits, the agents smelled marijuana in the vicinity of a garage and, using a thermal imaging device, determined that heat was being emitted from the garage. The information gained on these nighttime visits was then used by the law enforcement officers to obtain a warrant authorizing a search of the garage and the defendant's house. In executing the warrant, officers found marijuana being grown in the garage. The defendant was charged with trafficking in a controlled substance, marijuana, I.C. § 37-2732(B)(a)(1)(C), and failure to affix drug tax stamps, I.C. §§ 63-4205(1), 63-4207(2). The district court, however, suppressed evidence obtained during the night entries and during execution of the search warrant. The court concluded that the evidence presented by the officers in support of their application for the warrant had been obtained through illegal searches of the defendant's property. We affirm the decision of the district court.

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