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STATE v. SCHAFFER

Nos. 15869, 15870.

739 P.2d 323 (1987)

112 Idaho 1024

STATE of Idaho, Plaintiff-Respondent, v. Robert SCHAFFER, Defendant-Appellant. STATE of Idaho, Plaintiff-Respondent, v. Sara SCHAFFER, Defendant-Appellant.

Supreme Court of Idaho.

May 21, 1987.

Attorney(s) appearing for the Case

Gary W. Elliott, Office of Public Defender, Bonners Ferry, for defendants-appellants.

Alan C. Herzfeld and Byron Johnson, for American Civil Liberties Union Foundation, Inc., Boise, for amicus curiae.

Jim Jones, Atty. Gen., Lynn Thomas, Sol. Gen., Boise, for plaintiff-respondent.

DONALDSON, Justice.

On August 26, 1983, Robert and Sara Schaffer were charged with violating I.C. § 37-2732, i.e., manufacturing a controlled substance (marijuana) and possession of a controlled substance (marijuana), with intent to deliver. On the same day, Schaffers' residence was searched pursuant to a search warrant issued on the previous day. After a preliminary hearing, informations were filed on September...

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