Legal Opinion

State v. Gallegos

Idaho Supreme Court

Decided January 10, 1992No. 18726PublishedCited by 56 opinions

1Opinion of the Court

McDEVITT, Justice.

This case involves a warrantless search and seizure and a knowing waiver of rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The issues on appeal are:

*895I. Did the police officers have a reasonable and articulable suspicion to stop appellant’s vehicle?

II. Did the warrantless search of appellant’s vehicle fit within one of the exceptions to the warrant requirement?

III. Did appellant make a knowing and voluntary waiver of his Miranda rights?

THE FACTS

Events Leading Up To The Search And Seizure

On November 28, 1989, the Idaho Falls Police…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. United States v. CortezSupreme Court of the United States · 1981
  4. Chambers v. MaroneySupreme Court of the United States · 1970
  5. United States v. SokolowSupreme Court of the United States · 1989

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

3Cited by56 opinions

  1. State v. DuValtIdaho Supreme Court · 1998
  2. State v. ParkinsonIdaho Court of Appeals · 2000
  3. State v. GibsonIdaho Court of Appeals · 2005
  4. State v. Filip DanneyIdaho Supreme Court · 2012
  5. State v. ButiIdaho Supreme Court · 1998

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

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