U.S. v. BUTZ

Nos. 91-30374, 91-30409.

982 F.2d 1378 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Glen BUTZ; Danner L. Boone, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 8, 1993.


Attorney(s) appearing for the Case

Ellison M. Matthews, Boise, ID, E. Alexander DeSalvo, Denver, CO, for defendants-appellants.

Monte J. Stiles, Asst. U.S. Atty., Boise, ID, for plaintiff-appellee.

Before: EUGENE A. WRIGHT, HUG, and POOLE, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Idaho law enforcement officials obtained electronic surveillance evidence against Glen Butz and Danner Boone by procedures that complied with then-existing state law. The Idaho Supreme Court later declared, in a separate case, that pen registers were searches according to the state constitution and required probable cause. The question before us is whether the change in state law required the suppression of the evidence in federal...

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