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STATE v. LEWIS

No. 14075.

683 P.2d 448 (1984)

106 Idaho 800

STATE of Idaho, Plaintiff-Appellant, v. John Wilford LEWIS, Defendant-Respondent.

Court of Appeals of Idaho.

Petition for Review Granted July 27, 1984.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Fred C. Goodenough, Myrna A.I. Stahman, Deputy Attys. Gen., Boise, for plaintiff-appellant.

Keith A. Zollinger, Pocatello, for defendant-respondent.

BURNETT, Judge.

In this case we review an order suppressing evidence seized during the nighttime search of a residence. The question presented is whether an affidavit supporting the application for a search warrant contained sufficient justification for the nighttime search. The district court concluded that it did not. The state has brought this interlocutory appeal. We affirm the order.

Part I of our opinion identifies the standards, constitutional and statutory...

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