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STATE v. McGOVERN

Nos. 23866, 23867.

967 P.2d 274 (1998)

132 Idaho 72

STATE of Idaho, Plaintiff-Respondent, v. James McGOVERN, Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, September 1998 Term.

October 22, 1998.

Attorney(s) appearing for the Case

John M. Adams, Chief Kootenai County Public Defender; J. Bradford Chapman, Deputy Kootenai County Public Defender, Coeur d'Alene, for appellant. J. Bradford Chapman argued.

Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

JOHNSON, Justice.

This is a criminal case. We uphold the trial court's denial of motions to suppress evidence because the State did not obtain any evidence from the defendant that could be suppressed.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

On July 9, 1995, members of the Rathdrum police department (the officers) blocked part of a highway to permit clean up of fallen trees, power lines, and debris following a storm. While the highway was...

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