State v. Mathews

*866ON REHEARING

MeDEVITT, Justice.

Appellant Marcus Mathews (Mathews), arrested and charged with first degree murder under I.C. §§ 18-4001, 18-4002, and 18-4003 for the death of his estranged wife, Holly Morris, in Lewiston, Idaho, appeals an order of the district court denying his motion to suppress evidence obtained in a search of his property on the Nez Perce Indian Reservation. Mathews asserts that the search warrant was invalid because it was obtained and executed without prior tribal court approval. Specifically, Mathews argues that the state’s jurisdiction to order a search of Indian…