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STATE v. RUSHO

Nos. 15828, 15829.

716 P.2d 1328 (1986)

110 Idaho 556

STATE of Idaho, Plaintiff-Respondent, v. Kathy RUSHO and Roger Rusho, Defendants-Appellants.

Court of Appeals of Idaho.

March 12, 1986.

Attorney(s) appearing for the Case

Dan J. Rude, Coeur d'Alene, for defendants-appellants.

Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen. and Myrna A.I. Stahman, Deputy Atty. Gen. (argued), Boise, for plaintiff-respondent.

SUBSTITUTE OPINION

The Court's prior opinion, dated January 3, 1986, is hereby withdrawn.

BURNETT, Judge.

If someone calls the police and reports an intruder in your home, may the police enter the house and search it without a warrant and without your consent? That is the question posed by this appeal.

The issue is framed by an ironic set of facts. One afternoon Kathy Rusho, a young mother of two children, sensed that an intruder was in her...

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