Legal Opinion
State v. Maland
Idaho Supreme Court
Decided November 24, 2004No. 29136PublishedCited by 21 opinions
1Opinion of the Court
THIS IS A SUBSTITUTE OPINION.
THE OPINION ISSUED SEPTEMBER 1, 2004, IS HEREBY WITHDRAWN.
BURDICK, Justice.
Brian Maland seeks review of the magistrate’s denial of his motion to suppress, which the district court affirmed in an intermediate appeal. This Court holds that police may not make a warrantless, nonconsensual entry into a residence in order to effectuate a Terry stop, 1 and reverses the denial of the motion to suppress.
FACTS AND PROCEDURE
Responding to a noise complaint from an anonymous caller, two officers went to a home located in Coeur d’Alene to investigate. At the door of the home,…
2Cases cited20 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Payton v. New YorkSupreme Court of the United States · 1980
- Florida v. RoyerSupreme Court of the United States · 1983
- California v. Hodari D.Supreme Court of the United States · 1991
- Kyllo v. United StatesSupreme Court of the United States · 2001
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. PageIdaho Supreme Court · 2004
- Myers v. StateCourt of Appeals of Maryland · 2006
- State v. WilloughbyIdaho Supreme Court · 2009
- State v. RobinsonIdaho Court of Appeals · 2007
- State v. MaximIdaho Supreme Court · 2019
16 more not listed; retrieve them via the Exa API.