State v. Zueger

TROUT, Justice.

The Respondent, Cesia Ann Zueger (Zueger), filed a motion to suppress evidence, which was premised on an alleged procedural defect in a telephonic warrant under Idaho Code section 19-4406. The district judge granted the motion, concluding that a prosecuting attorney is not a peace officer and, therefore, under the statute, the prosecuting attorney has no authority to sign a warrant on the judge’s behalf and such a warrant is invalid. The Court of Appeals affirmed the district court, although on different grounds, and this Court granted review.

I. FACTUAL AND PROCEDURAL BACKGROUND