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STATE v. LUSBY

No. 34217.

198 P.3d 735 (2008)

STATE of Idaho, Plaintiff-Appellant, v. Heather LUSBY, Defendant-Respondent.

Court of Appeals of Idaho.

Review Denied January 2, 2009.

Attorney(s) appearing for the Case

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

Molly J. Huskey, State Appellate Public Defender; Heather M. Carlson, Deputy Appellate Public Defender, Boise, for respondent. Heather M. Carlson argued.

LANSING, Judge.

The State appeals from the district court's order suppressing evidence and dismissing charges against Heather Lusby. We reverse and remand.

I.

BACKGROUND

On January 28, 2007, officers were dispatched to an apartment to investigate a disturbance between Lusby and another individual. While officers were speaking with Lusby, she became agitated and retreated into the apartment. One...

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