State v. Moore

LANSING, Judge.

Appellant Toby Moore filed a motion to suppress drug evidence found by police when they searched Moore after he was subjected to a citizen’s arrest. The district court granted the motion to suppress, and the State now appeals. We find the search to have been a valid search incident to a citizen’s arrest, and therefore reverse the suppression order.

I. FACTS

The record reveals the following facts. An individual who resided near the Waremart grocery store in Nampa observed a man taking items from the Waremart loading dock, placing them in his pickup and then travelling toward…