STATE v. FEES

No. 29421.

90 P.3d 306 (2004)

140 Idaho 81

STATE of Idaho, Plaintiff-Appellant, v. Everett A. FEES, Defendant-Respondent.

Supreme Court of Idaho, Boise, April 2004 Term.

April 22, 2004.


Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Frederick G. Loats, Coeur d'Alene, for respondent. Frederick G. Loats argued.


EISMANN, Justice.

The district court held that a telephonic search warrant was invalid because the magistrate judge did not sign an original of the warrant when he authorized a peace officer to affix the magistrate's signature to a duplicate original of the warrant. The district court also held that a warrantless entry into a residence to preserve evidence of the felony crime of trafficking in marijuana was invalid because it was done before the search warrant hearing...

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