STATE v. GREGORY

No. 22557.

936 P.2d 1340 (1997)

130 Idaho 98

STATE of Idaho, Plaintiff-Respondent, v. David Allen GREGORY, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied May 6, 1997.


Attorney(s) appearing for the Case

Van G. Bishop, Canyon County Public Defender, Nampa, for defendant-appellant.

Alan G. Lance, Attorney General; Michael J. McDonagh, Deputy Attorney General, Boise, for plaintiff-respondent.


LANSING, Judge.

In this appeal the defendant, David Gregory, contends that the district court should have suppressed evidence on the ground that the police violated Idaho's "knock and announce" statute. We conclude that the statute is inapplicable to a police entry made with the consent of a resident of the premises, and we therefore affirm the denial of Gregory's suppression motion.

Gregory was wanted on an arrest warrant for misdemeanor escape. In an effort...

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