State v. Prestwich

JOHNSON, Justice.

This is a marijuana growing case that has been the subject of two prior opinions of the Court of Appeals. In Prestwich I (State v. Prestwich, 110 Idaho 966, 719 P.2d 1226 (Ct.App.1986)) the Court of Appeals held that the search warrant pursuant to which approximately 400 marijuana plants were seized from Keith Prestwich’s home was issued without probable cause. However, the Court of Appeals remanded the case to the trial court for an evidentiary hearing to decide on the objective reasonableness of the reliance of the police *960officers on the warrant according to the good faith…