Legal Opinion
State v. Emory
Idaho Court of Appeals
Decided March 6, 1991No. 17944PublishedCited by 38 opinions
1Opinion of the Court
SUBSTITUTE OPINION ON REHEARING
The Court’s prior opinion dated August 16, 1990, is hereby withdrawn.
SWANSTROM, Judge.
Wayne Emory stands convicted of felony driving while under the influence of alcohol. I.C. §§ 18-8004, -8005. The sole issue, reserved by a conditional guilty plea, is whether the arresting officer had a reasonable and articulable suspicion justifying his stop of Emory’s vehicle. We hold that he did not.
While on patrol duty in the north end of Boise at approximately 2:40 a.m. on a Sunday morning, an officer of the Boise Police Department was stopped on North Thirteenth Street at…
2Cases cited8 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- United States v. CortezSupreme Court of the United States · 1981
- Delaware v. ProuseSupreme Court of the United States · 1979
- State v. MontagueIdaho Court of Appeals · 1988
- Matter of GriffithsIdaho Supreme Court · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. AtkinsonIdaho Court of Appeals · 1996
- State v. FerreiraIdaho Court of Appeals · 1999
- State v. FlowersIdaho Court of Appeals · 1998
- State v. RobersonCourt of Appeals of North Carolina · 2004
- State v. WinnIdaho Supreme Court · 1992
33 more not listed; retrieve them via the Exa API.