State v. Amstad

I. NATURE OF THE CASE

This appeal concerns the interpretation of Idaho Code section 37-2732. The State charged Daniel C. Amstad with violating section 37-2732 for "being present at or on premises of any place where he knows illegal controlled substances are being manufactured or cultivated, or are being held ...." Amstad moved to dismiss on the basis that he was in a vehicle, so his conduct did not fall within the statute. The magistrate court granted the motion and dismissed the case. The State appealed and the district court affirmed, holding that "premises" and "place" under section 37-2732…