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STATE v. ZUEGER

Nos. 31761, 33071.

152 P.3d 8 (2006)

STATE of Idaho, Plaintiff-Appellant, v. Cesia Ann ZUEGER, Defendant-Respondent.

Supreme Court of Idaho, Boise, October 2006 Term.

Rehearing Denied February 27, 2007.

Attorney(s) appearing for the Case

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

Nevin, Benjamin & McKay, LLP, Boise, for respondent. Dennis A. Benjamin argued.

TROUT, Justice.

The Respondent, Cesia Ann Zueger, filed a motion to suppress evidence, which was premised on an alleged procedural defect in a telephonic warrant under Idaho Code section 19-4406. The district judge granted the motion, concluding that a prosecuting attorney is not a peace officer and, therefore, under the statute, the prosecuting attorney has no authority to sign a warrant on the judge's behalf and such a warrant is invalid. The Court of Appeals affirmed...

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