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STATE v. GOMEZ

No. 26814.

36 P.3d 832 (2001)

136 Idaho 480

STATE of Idaho, Plaintiff-Respondent, v. Baldemar GOMEZ, Defendant-Appellant.

Court of Appeals of Idaho.

November 20, 2001.

Attorney(s) appearing for the Case

Wiebe & Fouser, Canyon County Public Defenders, Caldwell, for appellant. Jayme Beaber argued.

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

SCHWARTZMAN, Chief Judge.

Baldemar Gomez appeals from the district court's order affirming the magistrate's denial of his motion to suppress evidence. We reverse.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On May 14, 1998, Caldwell Police Detective Baltizar Garza observed a man using a pay telephone. Garza recognized the man from his prior police contacts as Gomez. Believing that he had seen Gomez's name on a list of outstanding arrest warrants...

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