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STATE v. SUTTERFIELD

DOCKET NO. 47331.

484 P.3d 839 (2021)

168 Idaho 558

STATE of Idaho, Plaintiff-Appellant, v. Dale Allen SUTTERFIELD, Defendant-Respondent.

Supreme Court of Idaho, Boise, January 2021 Term.

Opinion Filed: April 8, 2021.

Attorney(s) appearing for the Case

Lawrence G. Wasden , Idaho Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Eric D. Fredericksen , State Appellate Public Defender, Boise, for respondent. Jenevieve C. Swinford argued.

This appeal concerns a motion to suppress evidence obtained by the police in a search incident to a citizen's arrest. Dale A. Sutterfield stole a cell phone owned by a restaurant in Garden City, Idaho. A restaurant employee and his co-worker confronted Sutterfield, recovered the cell phone, and subsequently contacted the Garden City...

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