STATE v. BURGESS

No. 14304.

661 P.2d 344 (1983)

104 Idaho 559

The STATE of Idaho, Plaintiff-Respondent, v. Cary Gene BURGESS, Defendant-Appellant.

Court of Appeals of Idaho.

March 30, 1983.


Attorney(s) appearing for the Case

Klaus Wiebe, Boise, for defendant-appellant.

James T. Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Neil L. Tillquist, Deputy Atty. Gen., Boise, for plaintiff-respondent.


WALTERS, Chief Justice.

Cary Burgess was convicted by a jury of attempted burglary and of possession of burglarious instruments. He appeals the denial of his motion to suppress evidence, arguing that the evidence was the product of an unconstitutional search. We hold that the search was reasonable within the meaning of the Fourth Amendment, and we affirm the order of the district court denying the suppression motion.

At approximately 3:00 a.m. on December...

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