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STATE v. KERLEY

No. 25674.

11 P.3d 489 (2000)

134 Idaho 870

STATE of Idaho, Plaintiff-Respondent, v. Thomas Eugene KERLEY, Defendant-Appellant.

Court of Appeals of Idaho.

September 18, 2000.

Attorney(s) appearing for the Case

Ronaldo A. Coulter, State Appellate Public Defender; Sara B. Thomas, Deputy Appellate Public Defender, Boise, for appellant. Sara B. Thomas argued.

Hon. Alan G. Lance, Attorney General; Karen A. Hudelson, Deputy Attorney General, Boise, for respondent. Karen A. Hudelson argued.

PERRY, Chief Judge.

Thomas Eugene Kerley appeals from the district court's denial of his motion to suppress evidence. We reverse and remand.

I.

BACKGROUND

At approximately midnight on December 4, 1997, a Boise police officer stopped a pickup because the registration sticker in the vehicle's rear window was illegible and the vehicle was being driven in excess of the posted speed limit. The officer exited his patrol car and approached the...

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