STATE v. LAMAY

No. 30638.

103 P.3d 448 (2004)

140 Idaho 835

STATE of Idaho, Plaintiff-Appellant, v. Benjamin Reed LAMAY, Defendant-Respondent.

Supreme Court of Idaho, Boise, September 2004 Term.

December 2, 2004.


Attorney(s) appearing for the Case

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

James K. Ball, Boise, for respondent.


SCHROEDER, Chief Justice.

This case involves the scope of a search incident to an arrest. The district court granted the motion to suppress filed on behalf of Benjamin Reed LaMay. The Court of Appeals reversed the district court. This Court granted review and affirms the decision of the district court.

I.

BACKGROUND AND PRIOR PROCEEDINGS

On November 26, 2001, shortly after midnight, Boise City...

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