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STATE v. KIMBALL

No. 30775.

111 P.3d 625 (2005)

141 Idaho 489

STATE of Idaho, Plaintiff-Respondent, v. Kenneth KIMBALL, Defendant-Appellant.

Court of Appeals of Idaho.

April 15, 2005.

Attorney(s) appearing for the Case

Andrew Parnes, Ketchum, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Robert K. Schwarz, Deputy Attorney General, Boise, for respondent. Robert K. Schwarz argued.

LANSING, Judge.

The question presented on this appeal is whether the magistrate court correctly suppressed evidence obtained as a result of a traffic stop. We conclude that additional findings by the magistrate are required, and we therefore remand for further proceedings.

I.

BACKGROUND

At approximately 1:20 a.m. Deputy Scott Smyth stopped a vehicle being driven by defendant Kenneth Kimball because Smyth believed Kimball was unlawfully...

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