Legal Opinion

State v. Smith

Idaho Supreme Court

Decided June 28, 1991No. 18543PublishedCited by 41 opinions

1Opinion of the Court

McDEVITT, Justice.

On July 3, 1989, Officer Ted Piche of the Lewiston Police Department stopped a 1966 Ford Galaxy driven by Victor H. Smith for speeding and driving erratically. As Officer Piche approached the car he observed Smith reaching under the seat as if to either hide or retrieve something. The officer told Smith to keep his hands in plain sight and ordered him out of the car. When asked why he was reaching under the seat, Smith replied that there was a loaded gun in the car. He was immediately handcuffed and the officer called for backup.

After Officer Cain responded to the call for…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. New York v. BeltonSupreme Court of the United States · 1981
  3. South Dakota v. OppermanSupreme Court of the United States · 1976
  4. United States v. EdwardsSupreme Court of the United States · 1974
  5. State v. DurrantSupreme Court of Kansas · 1989

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

3Cited by41 opinions

  1. Steven Waters v. Reagan Farr, Commissioner of Revenue for the State of TennesseeTennessee Supreme Court · 2009
  2. State v. WeaverIdaho Supreme Court · 1995
  3. Fair v. StateIndiana Supreme Court · 1993
  4. State v. JulianIdaho Supreme Court · 1996
  5. State v. GallegosIdaho Supreme Court · 1992

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

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