Legal Opinion · Concurrence

State v. Coma

Idaho Court of Appeals

Decided June 28, 1999No. 24612Published

1Concurrence

Judge SCHWARTZMAN

concurring.

I fully concur in the opinion of this Court, but write to emphasize several points:

1. Although a person’s home may be his/ her “castle,” that still does not entitle the *35occupant to “sanctuary” in the medieval context, i.e., the castle is not impervious to the execution of an arrest warrant. As long as the police officer is possessed with a valid arrest warrant, not otherwise circumscribed to any “public place” (see State v. Hall, 132 Idaho 751, 979 P.2d 624 (1999)), and has probable cause to believe that the defendant is present in his own residence at the time of…

2Cases cited2 opinions

  1. State v. MantheiIdaho Supreme Court · 1997
  2. State v. HallIdaho Supreme Court · 1999

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API