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STATE v. RUSSO

No. 41395-2013.

336 P.3d 232 (2014)

STATE of Idaho, Plaintiff-Respondent, v. Michael Rowe RUSSO, Defendant-Appellant.

Supreme Court of Idaho, Boise, June 2014 Term.

Rehearing Denied November 6, 2014.

Attorney(s) appearing for the Case

Erik R. Lehtinen , Deputy State Appellate Public Defender, Boise, argued for appellant.

Kenneth K. Jorgensen , Deputy Attorney General, Boise, argued for respondent.

EISMANN, Justice.

This is an appeal out of Canyon County from convictions for Rape, First Degree Kidnapping, and Burglary. The Defendant challenges the admission of evidence first discovered in the warrantless search of his cell phone and of evidence regarding his rape fantasies and his possession of pornography depicting rape. We hold that the information obtained during the warrantless search of his cell phone was admissible under the independent source doctrine...

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