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STATE v. DORFF

Docket No. 48119.

526 P.3d 988 (2023)

STATE of Idaho, Plaintiff-Respondent, v. Kirby Anthony DORFF, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 2022 Term.

Opinion Filed: March 20, 2023.

Attorney(s) appearing for the Case

Eric Don Fredericksen , State Appellate Public Defender, Boise, for Appellant. Sally Cooley argued.

Raúl R. Labrador , Idaho Attorney General, Boise, for Respondent. John C. McKinney argued.

Kirby Dorff appeals from the denial of his motion to suppress evidence obtained after a police drug-sniffing dog jumped onto the exterior surface of his vehicle. Dorff argues that the dog's contact with his vehicle was a trespass, and therefore, an unlawful "search" under the common law trespassory test as articulated in United...

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