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STATE v. BUTERBAUGH

No. 26917.

57 P.3d 807 (2002)

138 Idaho 96

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

Court of Appeals of Idaho.

Rehearing Denied August 6, 2002.

Attorney(s) appearing for the Case

Nevin, Herzfeld, Benjamin McKay, Boise, for appellant. Dennis A. Benjamin argued.

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

LANSING, Judge.

While responding to a fire in Thomas Buterbaugh's home, firefighters discovered in the basement evidence of past indoor plant cultivation. Because firefighters believed that this evidence might be indicative of a marijuana-growing operation, they summoned the police. The fire chief later found signs of another growing operation in a bedroom closet, which was disclosed to police. A police officer went into Buterbaugh's house, seized the evidence, and...

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