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STATE v. AGUIRRE

No. 29932.

112 P.3d 848 (2005)

141 Idaho 560

STATE of Idaho, Plaintiff-Appellant, v. Cayetano AGUIRRE, Defendant-Respondent.

Court of Appeals of Idaho.

May 17, 2005.

Attorney(s) appearing for the Case

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

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant.

GUTIERREZ, Judge.

The state appeals from the district court's order of suppression. The issue raised on appeal is whether the district court erred in determining that the use of a drug dog in this case unlawfully extended the traffic stop. We affirm.

I.

FACTUAL AND PROCEDURAL SUMMARY

A Canyon County Sheriff's deputy was assisting other officers in a traffic stop when he noticed a vehicle "circling" the scene. The deputy recognized the vehicle...

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