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STATE v. OWNE

No. 31404.

141 P.3d 1143 (2006)

STATE of Idaho, Plaintiff-Appellant-Cross Respondent, v. Shane Paul OWEN, Defendant-Respondent-Cross Appellant.

Court of Appeals of Idaho.

Review Denied August 1, 2006.

Attorney(s) appearing for the Case

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

Ronald S. George, Pocatello, for respondent-cross appellant.

PERRY, Chief Judge.

The state of Idaho appeals from the district court's order withholding judgment for Shane Paul Owen. Owen cross-appeals the district court's order denying his motion to suppress. Because we conclude that the district court erred in denying Owen's suppression motion, we vacate the order withholding judgment.

I.

FACTS AND PROCEDURE

Owen's landlord brought an eviction action against...

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