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STATE v. CRUZ

No. 31880.

174 P.3d 876 (2007)

STATE of Idaho, Plaintiff-Appellant, v. Ernesto CRUZ, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied August 28, 2007.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General; Thomas Tharp, Deputy Attorney General, Boise, for appellant. Thomas Tharp argued.

Molly J. Huskey, State Appellate Public Defender; Daniel R. Anderson, Deputy Appellate Public Defender, Boise, for respondent. Daniel R. Anderson argued.

SCHWARTZMAN, Judge Pro Tem.

The state appeals from the district court's order suppressing evidence the state sought to admit in the prosecution of Ernesto Cruz. For the reasons set forth below, we reverse and remand.

I.

FACTS AND PROCEDURE

Cruz was paroled after being convicted of possession of a controlled substance. Cruz agreed to abide by several parole conditions, including that he would "submit to a search of person or property, to...

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