Legal Opinion · Dissent

State v. Mathews

Idaho Supreme Court

Decided March 20, 1997No. 20154, 21127Published

1DissentJustice Schroeder

This case involves an innocent mistake in the judicial process that caused no harm and an error in judgment by a police officer that caused no harm. The Court has engrafted a condition onto the Idaho Constitution that the framers did not include. The decision runs contrary to substantial authority, departs from a policy expressed in this Court’s own rules and jeopardizes an entire class of warrants that have been authorized by the legislature and recognized as an integral part of the judicial process. The decision imposes the court-created sanction of suppression of truthful evidence,…

2Cases cited28 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. United States v. VentrescaSupreme Court of the United States · 1965
  3. Oregon v. ElstadSupreme Court of the United States · 1985
  4. United States v. JanisSupreme Court of the United States · 1976
  5. Arizona v. EvansSupreme Court of the United States · 1995

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