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BUTLER TRAILER MFG. v. STATE

No. 24263.

978 P.2d 247 (1999)

132 Idaho 687

In the Matter of Butler Trailer Manufacturing and Neil Butler. BUTLER TRAILER MANUFACTURING and Neil Butler, Petitioners-Appellants, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Rehearing Denied May 27, 1999.

Attorney(s) appearing for the Case

A. Bruce Larson, Soda Springs, for appellant.

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

SCHWARTZMAN, Judge.

Butler Trailer Manufacturing and Neil Butler appeal from a district court order denying their motion for the return of property pursuant to Idaho Criminal Rule 41(e). Following a hearing, the district court held that Butler had failed to show that any of the allegedly missing items were seized by the state during the execution of the search warrant.

I.

FACTS AND PROCEDURE

On October 3, 1996, a team of state agents and...

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