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STATE v. WEBER

No. 17698.

776 P.2d 458 (1989)

116 Idaho 449

STATE of Idaho, Plaintiff-Appellant, v. Kenneth WEBER, James L. Hendershot and Sandra L. Hendershot, Defendants-Respondents.

Supreme Court of Idaho.

July 5, 1989.

Attorney(s) appearing for the Case

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

Roark, Donovan, Praggastis & Phillips, Hailey, for defendants-respondents. Ray Keith Roark argued.

JOHNSON, Justice.

This is a criminal case. The issue presented is whether the trial court correctly suppressed evidence obtained by the police as a result of the arrest and consent of Kenneth Weber. In suppressing the evidence, the trial court ruled that at the time of Weber's arrest the police did not have probable cause to arrest him and that Weber's consent to the search of his residence was the product of the illegal arrest. We affirm.

I.

THE...

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