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State of Idaho v. Amy Faye Greco

February 27, 2013

STATE OF IDAHO,
PLAINTIFF-APPELLANT,
v.
AMY FAYE GRECO,
DEFENDANT-RESPONDENT.



Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Renae J. Hoff, District Judge.

The opinion of the court was delivered by: Perry, Judge Pro Tem

2013 Unpublished Opinion No. 376

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order granting motion to suppress, reversed; case remanded for further proceedings.

The State appeals from the district court's order granting Amy Faye Greco's motion to suppress evidence obtained through the execution of a search warrant. We reverse.

I.

FACTS AND PROCEDURE

Greco was charged with possession of a controlled substance, Idaho Code § 37-2732(c)(1), and injury to a child, I.C. § 18-1501(1). Prior to Greco's arrest, police officers obtained information from one of Greco's relatives regarding drug-related activities occurring in Greco's residence. Officers also obtained information from Greco's eleven-year-old son regarding his own drug activities inside the residence. Police officers went to Greco's residence and asked Greco if they could search her son's bedroom. Greco consented. Officers then asked if they could search the entire house. Greco told the officers that she needed to ask her grandmother for consent to search the house. Greco turned and walked inside the house and the officers followed her. Once inside the house, Greco walked into her bedroom and closed the door. Officers then heard the sound of clanging glass and suspected that Greco was destroying evidence. The officers asked Greco to exit her bedroom, and she eventually complied. The officers then entered the bedroom and saw a security video camera monitor displaying the outside of the house.

The officers applied for a search warrant for the house. The magistrate issued a search warrant and the residence was searched. Officers found methamphetamine, marijuana, and drug paraphernalia.

Prior to trial, Greco moved the district court to suppress the evidence found during the execution of the search warrant, contending that there had been an unlawful, warrantless entry prior to obtaining the warrant. The district court granted the motion and suppressed the evidence. The State appeals.

II.

ANALYSIS

The State claims that police officers were allowed to enter the residence because Greco consented to the search of her son's bedroom. Further, the State argues that even if the evidence found as a result of the entrance were to be excluded from the search warrant application, the remaining evidence was sufficient to support a finding of probable cause. The standard of review of a suppression motion is bifurcated. When a decision on a motion to suppress is challenged, we accept the trial court's findings of fact that are supported by substantial evidence, but we freely review the application of constitutional principles to the facts as found. State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct. App. 1996). At a suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts, weigh ...


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