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STATE v. EVANS

No. 25493.

6 P.3d 416 (2000)

134 Idaho 560

STATE of Idaho, Plaintiff-Respondent. v. Thomas Daniel EVANS, Defendant-Appellant.

Court of Appeals of Idaho.

July 14, 2000.

Attorney(s) appearing for the Case

Brian E. Elkins, Ketchum, for appellant.

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

SCHWARTZMAN, Judge.

Thomas Daniel Evans appeals from the district court's opinion reversing the magistrate's order granting his motion to suppress evidence. We affirm the opinion of the district court reversing the magistrate's decision and remand the case for further proceedings.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On September 12, 1998, at about 7:20 p.m., Ketchum police officer Adam Johnson observed a red Pontiac Firebird approaching...

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