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STATE v. NUNEZ

No. 27954.

67 P.3d 831 (2003)

138 Idaho 636

STATE of Idaho, Plaintiff-Appellant, v. Ignacio Moro NUNEZ, Defendant-Respondent.

Supreme Court of Idaho, Boise, January 2003 Term.

April 3, 2003.

Attorney(s) appearing for the Case

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

Philip H. Gordon, Boise, for respondent. Phillip H. Gordon argued.

TROUT, Chief Justice.

This is an appeal from a district court order suppressing evidence seized pursuant to a search warrant.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Detective Kelly Montoya (Montoya) appeared before Magistrate Judge Renae Hoff (Judge Hoff) on two separate occasions for the purpose of obtaining search warrants for two different residences, a house at 619 Elgin Street in Caldwell (the Caldwell residence) and a trailer at 121...

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