Legal Opinion

State v. Kelly

Idaho Court of Appeals

Decided January 31, 1984No. 13796PublishedCited by 46 opinions

1Opinion of the Court

SWANSTROM, Judge.

Joseph Kelly appeals from his felony conviction for possession of marijuana with intent to manufacture. I.C. • § 37-2732(a)(1)(B). The issues we address in this opinion fall into two broad categories: (1) whether the contraband introduced by the state against Kelly at his trial should have been suppressed upon the ground that it was seized in violation of the fourth amendment; and (2) whether Idaho’s laws forbidding and penalizing the growing of marijuana are unconstitutional. We affirm the judgment of conviction.

In 1978 Joseph Kelly purchased certain rural property in Adams…

2Cases cited29 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. Rakas v. IllinoisSupreme Court of the United States · 1979
  4. Robinson v. CaliforniaSupreme Court of the United States · 1962
  5. Olmstead v. United StatesSupreme Court of the United States · 1928

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

3Cited by46 opinions

  1. State v. PerryIdaho Supreme Court · 2010
  2. Seeley v. StateWashington Supreme Court · 1997
  3. State v. HolmanIdaho Court of Appeals · 1985
  4. State v. MallanHawaii Supreme Court · 1998
  5. State v. KirkwoodIdaho Supreme Court · 1986

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

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