Legal Opinion
State v. Pruss
Idaho Supreme Court
Decided March 27, 2008No. 33617PublishedCited by 20 opinions
1Opinion of the Court
EISMANN, Chief Justice.
This is an appeal from an order suppressing evidence obtained from the warrantless search of a “hooch” constructed by the Defendant on public forest lands. We hold that the district court did not err in holding that the Defendant had a reasonable expectation of privacy in his hooch and that the search cannot be justified as incident to his lawful arrest where it occurred after he had been arrested, handcuffed, and removed from the scene.
I. FACTS AND PROCEDURAL HISTORY
During the summer of 2005, the Clear-water County sheriffs department was investigating a series of…
2Cases cited26 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Payton v. New YorkSupreme Court of the United States · 1980
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Chambers v. MaroneySupreme Court of the United States · 1970
- United States v. RossSupreme Court of the United States · 1982
21 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. Alesha Ann GreenIdaho Supreme Court · 2015
- State v. ReboIdaho Supreme Court · 2020
- State v. TeglandCourt of Appeals of Oregon · 2015
- State v. Jeffrey B. MellingIdaho Court of Appeals · 2016
- People v. SlavinAppellate Court of Illinois · 2011
15 more not listed; retrieve them via the Exa API.