STATE v. VOSS

No. 38366.

267 P.3d 735 (2011)

STATE of Idaho, Plaintiff-Respondent, v. Joseph A. VOSS, Jr., Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied January 27, 2012.


Attorney(s) appearing for the Case

John Meienhofer , Boise, for appellant.

Hon. Lawrence G. Wasden , Attorney General; John C. McKinney , Deputy Attorney General, Boise, for respondent. John C. McKinney argued.


GUTIERREZ, Judge.

Joseph A. Voss, Jr. appeals the district court's intermediate appellate decision affirming the magistrate's denial of his motion to suppress evidence, contending the search of his vehicle on school grounds violated his Fourth Amendment rights. Voss argues the warrantless search without probable cause under the schoolyard search exception is unconstitutional as applied to him because: (1) it was based only on suspicion that he was in possession of...

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