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GISSEL v. STATE

No. 16107.

727 P.2d 1153 (1986)

111 Idaho 725

Lester GISSEL, Conrad Gissel and Dave Lewis, Plaintiffs-Respondents, v. STATE of Idaho, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied November 21, 1986.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Boise, and William A. McCurdy, Esq., of Quane, Smith, Howard & Hull, Boise, for defendant-appellant.

Thomas A. Mitchell, Coeur d'Alene, for plaintiffs-respondents.

DONALDSON, Chief Justice.

In 1979, officials from the Idaho Department of Fish & Game observed the respondents Lester and Conrad Gissel and Dave and John Lewis harvesting wild rice on land jointly owned by the state and the National Forest Service. After further observations, the department notified the county prosecutor who obtained a warrant to search Lester Gissel's residence. The search revealed 180 bags of wild rice weighing approximately 50 pounds each which...

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