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STATE v. HUFFSTUTLER

No. 31821.

178 P.3d 626 (2006)

STATE of Idaho, Plaintiff-Appellant, v. Erick Von HUFFSTUTLER, Defendant-Respondent.

Court of Appeals of Idaho.

April 27, 2006.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General; Rebekah A. Cude, Deputy Attorney General, Boise, for appellant.

Brian D. Thie, Moscow, for respondent.

AMENDED OPINION

THE COURT'S PRIOR OPINION DATED FEBRUARY 6, 2006, IS HEREBY WITHDRAWN.

PERRY, Chief Judge.

The state appeals from the district court's order granting Erick Von Huffstutler's motion to suppress. We affirm.

I.

FACTS AND PROCEDURE

Huffstutler and a friend were standing in a yard near Huffstutler's vehicle when they were approached by a police officer. The officer was following up on a report from another...

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