STATE v. SCHMADEKA

No. 26617.

38 P.3d 633 (2001)

136 Idaho 595

STATE of Idaho, Plaintiff-Respondent, v. Kevin C. SCHMADEKA, Defendant-Appellant.

Court of Appeals of Idaho.

December 20, 2001.


Attorney(s) appearing for the Case

Molly J. Huskey, Interim State Appellate Public Defender; Paul S. Sonenberg, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Alan G. Lance, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


SCHWARTZMAN, Chief Judge.

Kevin C. Schmadeka appeals the denial of his motion to suppress drug evidence seized from a search of his automobile and his home. We reverse.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On August 5, 1999, Idaho State Police Trooper Peter Bowes observed a 1981 Datsun coupe with a horizontal crack running across the middle of the windshield. Bowes also noticed that the driver was not wearing his seatbelt. Bowes conducted...

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