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STATE v. SMITH

No. 18543.

813 P.2d 888 (1991)

120 Idaho 77

STATE of Idaho, Plaintiff-Respondent, v. Victor H. SMITH, Defendant-Appellant.

Supreme Court of Idaho, Lewiston, April 1991 Term.

June 28, 1991.

Attorney(s) appearing for the Case

Clark & Feeney, Lewiston, for defendant-appellant. Charles M. Stroschein argued.

Larry J. EchoHawk, Atty. Gen., Michael J. Kane, Deputy Atty. Gen., Boise, for plaintiff-respondent. Michael J. Kane argued.

McDEVITT, Justice.

On July 3, 1989, Officer Ted Piche of the Lewiston Police Department stopped a 1966 Ford Galaxy driven by Victor H. Smith for speeding and driving erratically. As Officer Piche approached the car he observed Smith reaching under the seat as if to either hide or retrieve something. The officer told Smith to keep his hands in plain sight and ordered him out of the car. When asked why he was reaching under...

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