STATE v. CADA

No. 21606.

923 P.2d 469 (1996)

129 Idaho 224

STATE of Idaho, Plaintiff-Appellant, v. Rodney Karol CADA, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied June 11, 1996.

Petition for Review Denied, October 4, 1996.


Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for appellant. John C. McKinney argued.

Featherston Law Firm, Sandpoint, for respondent. Brent C. Featherston argued.


LANSING, Judge.

We are once again called upon to address the complex issue of the scope of constitutional protections against unreasonable searches and seizures. In this case, law enforcement officers made two late night entries onto the driveway to the defendant's home in an effort to determine whether the defendant was engaged in growing marijuana. During these covert visits, the agents smelled marijuana in the vicinity of a garage and, using a thermal imaging device...

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