Legal Opinion
State v. Kimball
Idaho Court of Appeals
Decided April 15, 2005No. 30775PublishedCited by 4 opinions
1Opinion of the Court
LANSING, Judge.
The question presented on this appeal is whether the magistrate court correctly suppressed evidence obtained as a result of a traffic stop. We conclude that additional findings by the magistrate are required, and we therefore remand for further proceedings.
I
BACKGROUND
At approximately 1:20 a.m. Deputy Scott Smyth stopped a vehicle being driven by defendant Kenneth Kimball because Smyth believed Kimball was unlawfully using the high beams of his headlights. As a result of the stop, Smyth determined that Kimball was driving while intoxicated and arrested him for driving under the…
2Cases cited20 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Brinegar v. United StatesSupreme Court of the United States · 1949
- United States v. CortezSupreme Court of the United States · 1981
- Delaware v. ProuseSupreme Court of the United States · 1979
- United States v. Brignoni-PonceSupreme Court of the United States · 1975
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3Cited by4 opinions
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- State v. Filip DanneyIdaho Court of Appeals · 2010
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