Legal Opinion

State v. Foldesi

Idaho Court of Appeals

Decided August 21, 1998No. 23615PublishedCited by 15 opinions

1Opinion of the Court

LANSING, Chief Judge.

This case arises from the warrantless search of a vehicle incident to the driver’s arrest for driving without a valid driver’s license (her license having expired). During the search, controlled substances were found, and the passenger, who was also the owner of the automobile, was charged with possession of a controlled substance. This appeal presents issues as to whether the passenger/owner has standing to challenge the search of the vehicle and, if so, whether the search was impermissible because the arrest upon which it was based was unlawful.

FACTS

A police officer for…

2Cases cited24 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. Rakas v. IllinoisSupreme Court of the United States · 1979
  3. New York v. BeltonSupreme Court of the United States · 1981
  4. United States v. SalvucciSupreme Court of the United States · 1980
  5. United States v. One 1977 Mercedes Benz, 450 SEL, VIN 11603302064538Court of Appeals for the Ninth Circuit · 1983

19 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. GibsonIdaho Court of Appeals · 2005
  2. State v. HansonIdaho Court of Appeals · 2006
  3. State v. WorthingtonIdaho Court of Appeals · 2002
  4. State v. JonesIdaho Court of Appeals · 2011
  5. State v. IrwinIdaho Court of Appeals · 2006

10 more not listed; retrieve them via the Exa API.

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