State v. Chris J. McLellan

MELANSON, Judge.

The State of Idaho appeals from the district court’s order dismissing a charge of video voyeurism against Chris J. McLellan based on a finding that probable cause did not exist. For the reasons set forth below, we affirm.

I

FACTS AND PROCEDURE

From 2004 to the beginning of 2007, McLellan was involved in a romantic relationship with the victim in this case. During that time, McLellan and the victim created a video that depicted the victim undressing and exposing her fully naked body. In July 2009, after the relationship had ended, the victim became aware that a video depicting her…