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STATE v. McLELLAN

No. 39102.

294 P.3d 203 (2013)

STATE of Idaho, Plaintiff-Appellant, v. Chris J. McLELLAN, Defendant-Respondent.

Court of Appeals of Idaho.

January 23, 2013.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General; John C. McKinney , Deputy Attorney General, Boise, for appellant. John C. McKinney argued.

Sara B. Thomas , State Appellate Public Defender; Sarah E. Tompkins , Deputy Appellate Public Defender, Boise, for respondent. Sarah E. Tompkins argued.

MELANSON, Judge.

The State of Idaho appeals from the district court's order dismissing a charge of video voyeurism against Chris J. McLellan based on a finding that probable cause did not exist. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

From 2004 to the beginning of 2007, McLellan was involved in a romantic relationship with the victim in this case. During that time, McLellan...

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