Legal Opinion
State v. Shearer
Idaho Court of Appeals
Decided July 25, 2001No. 26322PublishedCited by 3 opinions
1Opinion of the Court
LANSING, Judge.
Ricky Shearer appeals from his conviction for misdemeanor driving under the influence of alcohol (DUI), Idaho Code § 18-8004. He argues that the magistrate should have granted his motion to suppress evidence obtained during a traffic stop because the statute that Shearer was suspected of violating is unconstitutional and because the law enforcement officer’s request that Shearer remove his sunglasses was an illegal search.
I
FACTS AND PROCEDURAL HISTORY
Deputy Sheriff James Lewis was on patrol when he met a vehicle driven by Shearer going the opposite direction. Deputy Lewis…
2Cases cited27 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Florida v. RoyerSupreme Court of the United States · 1983
- Delaware v. ProuseSupreme Court of the United States · 1979
- Grayned v. City of RockfordSupreme Court of the United States · 1972
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3Cited by3 opinions
- Piro v. StateIdaho Court of Appeals · 2008
- State v. Ibarra aka DeLeonIdaho Court of Appeals · 2018
- State v. Karlie Lynn MeyerIdaho Court of Appeals · 2015