STATE v. THOMPSON

No. 16145.

745 P.2d 1087 (1987)

113 Idaho 466

STATE of Idaho, Plaintiff-Appellant, v. Judy THOMPSON, Defendant-Respondent, and Rene Brown, Rebecca Nelson a/k/a Wolf and Lumen, Steve Wolf, Charlie Thompson, James Yarborough a/k/a Yarb, and Monte Brandt, Defendants.

Court of Appeals of Idaho.

Petition for Review Granted January 26, 1988.


Attorney(s) appearing for the Case

Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen. (argued), Boise, for plaintiff-appellant.

Vernon K. Smith, Boise, for defendant-respondent.


BURNETT, Judge.

The state brings this interlocutory appeal from an order suppressing evidence obtained through a wiretap. Although the wiretap was authorized by a warrant, the district court suppressed the evidence because the application for the warrant contained information generated by a pen register which had been installed without a judicial determination of probable cause. Today we must decide whether use of the pen register was an issue properly before the...

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