Legal Opinion

State v. Burgess

Idaho Court of Appeals

Decided September 14, 2018No. Docket 45317Published

1Opinion of the CourtGratton, Chief Judge

The State appeals from the district court's order granting Cora Lee Burgess's motion to suppress evidence found inside her vehicle subsequent to a traffic stop. The State argues the district court erred in ruling the police abandoned the purpose of the initial traffic stop by unlawfully prolonging the stop to verify the passenger's probationary status.

I

FACTUAL AND PROCEDURAL BACKGROUND

Shortly before midnight, officers stopped Burgess's vehicle for failing to stop before entering a roadway. One officer approached Burgess's side of the vehicle and after calling in the stop, another officer…

2Cases cited12 opinions

  1. Delaware v. ProuseSupreme Court of the United States · 1979
  2. Illinois v. CaballesSupreme Court of the United States · 2005
  3. Rodriguez v. United StatesSupreme Court of the United States · 2015
  4. Maryland v. WilsonSupreme Court of the United States · 1997
  5. State v. AtkinsonIdaho Court of Appeals · 1996

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