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State v. Petersen

Court of Appeals of Idaho

December 5, 2013

STATE OF IDAHO, Plaintiff-Appellant,
v.
CONRAD WALTER PETERSEN, Defendant-Respondent.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 775

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Benjamin R. Simpson, District Judge.

Order granting the motion to suppress evidence from the warrantless vehicle search, reversed.

Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for appellant. Nicole L. Schafer argued.

Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for respondent. Brian R. Dickson argued.

MELANSON, Judge

The State of Idaho appeals from the district court's order granting Conrad Walter Petersen's motion to suppress evidence found during a warrantless search of Petersen's vehicle. For the reasons set forth below, we reverse.

I.

FACTS AND PROCEDURE

In March 2011, two officers pulled a vehicle over on the interstate for a traffic violation. Petersen was identified as the driver. While giving Petersen a warning citation, the officers became suspicious that Petersen might be involved in criminal activity. One of the officers asked Petersen for consent to search the trunk of his vehicle, and Petersen consented. The officers found $71, 000 in cash in the trunk.

After finding the cash and questioning Petersen, one of the officers searched the passenger compartment of the vehicle. In it the officer found a marijuana pipe and a small amount of marijuana. Petersen was charged with possession of a controlled substance, I.C. § 37-2732(c)(3), and possession of drug paraphernalia, I.C. § 37-2734A.

Petersen filed a motion to suppress the evidence obtained from the warrantless search of his vehicle, claiming the officers unlawfully extended the duration of the stop and lacked probable cause. The district court entered an order granting the motion ...


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