State v. Hogan

PERRY, Chief Judge.

Damon Anthony Hogan appeals from the district court’s appellate decision reversing the magistrate’s dismissal of a criminal complaint. Hogan contends that the magistrate did not err when it held a second probable cause hearing, determined that probable cause did not exist to arrest Hogan for obstructing and delaying an officer, I.C. § 18-705, and dismissed Hogan’s case.

I

FACTS AND PROCEDURE

Hogan was visiting friends in Boise when a ear in which he was a passenger was pulled over by a Boise City police officer. The officer requested and received identification from the…