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STATE v. BENEFIEL

No. 23911.

953 P.2d 976 (1998)

131 Idaho 226

STATE of Idaho, Plaintiff-Appellant, v. Gary L. BENEFIEL, Defendant-Respondent.

Supreme Court of Idaho, Lewiston, October 1997 Term.

February 24, 1998.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; Catherine O. Derden, Deputy Attorney General, Boise, for plaintiff-appellant. Catherine O. Derden argued.

Clark & Feeney, Lewiston, for defendant-respondent. Douglas L. Mushlitz argued.

TROUT, Chief Justice.

This is an appeal from a magistrate judge's order denying respondent Gary L. Benefiel's motion to suppress evidence. We affirm the magistrate judge's determination.

I.

BACKGROUND

On October 2, 1993, Bureau of Indian Affairs Officer Crowe (Crowe) was driving on a state highway in Nez Perce County when he observed a pickup traveling ahead of him. At the time of these observations, Crowe was in a marked law enforcement...

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