STATE v. CURL

Nos. 19499, 19538.

869 P.2d 224 (1993)

125 Idaho 224

STATE of Idaho, Plaintiff-Appellant, v. Jackie Carl CURL, Defendant-Respondent. STATE of Idaho, Plaintiff-Appellant, v. Kimberly J. McCURDY, Defendant-Respondent.

Supreme Court of Idaho, North Idaho, May 1993 Term.

September 1, 1993.


Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., and Thomas P. Watkins, Deputy Atty. Gen., Boise, for appellant. Thomas P. Watkins argued.

Gregory A. Jones, Kootenai County Public Defender, Coeur d'Alene, for respondents.


BISTLINE, Justice.

This case requires us to determine whether the threat of destruction of evidence in connection with the offense of possession of marijuana constitutes exigent circumstances sufficient to overcome the Fourth Amendment's general prohibition against warrantless residential searches.

BACKGROUND AND PRIOR PROCEEDINGS

Officer Gerald Evensizer entered an apartment building to serve an arrest warrant on a second floor resident. He observed...

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