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STATE v. SILVER

No. 40017.

304 P.3d 304 (2013)

STATE of Idaho, Plaintiff-Appellant, v. Tennison Michael SILVER, Defendant-Respondent.

Court of Appeals of Idaho.

June 18, 2013.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General; Mark W. Olson , Deputy Attorney General, Boise, for appellant.

Wright Brothers Law Office, PLLC; Brooke B. Redmond , Twin Falls, for respondent.

LANSING, Judge.

The State appeals from the district court's order suppressing statements made by Tennison Michael Silver to law enforcement officers before the officers advised him of his right to remain silent and his right to counsel. The State asserts the officers were not required to notify Silver of his rights before questioning him because he was not in custody.

I.

BACKGROUND

A few minutes before midnight on December 1, 2011, a law...

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