Legal Opinion

State v. Gutierrez

Idaho Court of Appeals

Decided July 10, 2002No. 26943, 26944PublishedCited by 64 opinions

1Opinion of the Court

LANSING, Judge.

This is an appeal from an order denying suppression of evidence found in an automobile after a traffic stop. Because we conclude that the police officer unreasonably extended the detention after the reason for the traffic stop was concluded, we reverse.

I

FACTUAL AND PROCEDURAL BACKGROUND

During the early evening hours of July 9, 1999, Angel Ann Gutierrez (“Angel”) and Anthony Adolph Gutierrez (“Anthony”), sister and brother, were traveling as passengers in an out-of-state automobile that was being driven by Kevin B. Cheek. The vehicle was pulled over by Officer Jon Bunderson of…

2Cases cited26 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Florida v. RoyerSupreme Court of the United States · 1983
  3. United States v. CortezSupreme Court of the United States · 1981
  4. Delaware v. ProuseSupreme Court of the United States · 1979
  5. Berkemer v. McCartySupreme Court of the United States · 1984

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

3Cited by64 opinions

  1. O'BOYLE v. StateWyoming Supreme Court · 2005
  2. State v. AriasWisconsin Supreme Court · 2008
  3. State v. SheldonIdaho Court of Appeals · 2003
  4. State v. HenageIdaho Supreme Court · 2007
  5. State v. RoeIdaho Court of Appeals · 2004

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

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