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STATE v. BENSON

No. 24575.

983 P.2d 225 (1999)

133 Idaho 152

STATE of Idaho, Plaintiff-Respondent, v. Kevin Ronald BENSON, Defendant-Appellant.

Court of Appeals of Idaho.

July 21, 1999.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender; David J. Smethers, Deputy Public Defender, Boise, for appellant. David J. Smethers, argued.

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

SCHWARTZMAN, Judge.

Kevin Ronald Benson appeals from the district court's denial of his motion to suppress evidence seized pursuant to a third-party consensual search of the garage he was staying in. For the reasons stated below, we reverse and remand.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Boise City police dispatch received an anonymous phone call stating that someone in a residence located at 5019 Wylie Lane was "cooking methamphetamine...

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