State v. Johnson

ON DENIAL OF PETITION FOR REHEARING

HUNTLEY, Acting Chief Judge.

We deny the State’s Petition for Rehearing; however, two of the issues raised in the petition merit extended discussion.

We first address the State’s objection to our characterizing the officer’s entry in to the private residence as a “search.” The State would prefer that we label his entry a “viewing.” The State contends that where an officer merely “views” the fruits of a private search, the fourth amendment does not come in to play.1 The state relies on State v. Pontier, 103 Idaho 91, 645 P.2d 325 (1982) wherein the Idaho…