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STATE v. CHARPENTIER

No. 23417.

962 P.2d 1033 (1998)

131 Idaho 649

STATE of Idaho, Plaintiff-Appellant, v. Terina L. CHARPENTIER, Defendant-Respondent.

Supreme Court of Idaho, Boise, January 1998 Term.

July 17, 1998.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; Michael A. Henderson, Deputy Attorney General, Boise, for appellant. Michael A. Henderson argued.

Knowlton, Miles & Merica, P.A., Lewiston, for respondent. Charles E. Kovis argued.

SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED AUGUST 27, 1997, IS HEREBY WITHDRAWN.

SCHROEDER, Justice.

This case is on appeal from the district court's order suppressing evidence seized pursuant to a warrantless search of an automobile subsequent to the arrest of the driver. The district court granted the motion to suppress on the basis that Article I, § 17 of the Idaho Constitution provides greater protection against a warrantless search incident...

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