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STATE v. MALAND

No. 29136.

103 P.3d 430 (2004)

140 Idaho 817

STATE of Idaho, Plaintiff-Respondent, v. Brian J. MALAND, Defendant-Appellant.

Supreme Court of Idaho, Boise, April 2004 Term.

November 24, 2004.

Attorney(s) appearing for the Case

John M. Adams, Kootenai County Public Defender, Coeur d'Alene, for appellant. John M. Adams argued.

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

THIS IS A SUBSTITUTE OPINION.

THE OPINION ISSUED SEPTEMBER 1, 2004, IS HEREBY WITHDRAWN.

BURDICK, Justice.

Brian Maland seeks review of the magistrate's denial of his motion to suppress, which the district court affirmed in an intermediate appeal. This Court holds that police may not make a warrantless, nonconsensual entry into a residence in order to effectuate a Terry stop,1 and reverses the denial of the motion...

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