STATE v. WHEATON

No. 18761.

827 P.2d 1174 (1991)

121 Idaho 727

STATE of Idaho, Plaintiff-Respondent, v. Scott WHEATON, Defendant-Appellant.

Court of Appeals of Idaho.

March 1, 1991.


Attorney(s) appearing for the Case

Ringert, Clark, Harrington, Reid, Christenson & Kaufman, Boise, for defendant-appellant. David Hammerquist, argued.

Jim Jones, Atty. Gen., Michael J. Kane, Deputy Atty. Gen. (argued), for plaintiff-respondent.


SWANSTROM, Judge.

Police officers discovered cocaine and scales in the console of Scott Wheaton's vehicle, after he was arrested for the misdemeanor charge of operating a motor vehicle without liability insurance. I.C. § 49-1229. Wheaton contends that, under our federal constitution, the evidence should not have been seized, because the search was unrelated to the purported reason for the arrest. Wheaton also argues that, even if the search is upheld under our...

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