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State v. Gosch

Court of Appeals of Idaho

December 3, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
KIRK JULLIARD GOSCH, Defendant-Appellant

2014 Opinion No. 99

Page 1208

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

Judgment of conviction for manufacturing marijuana, possession of marijuana with intent to deliver, and possession of marijuana in excess of three ounces, affirmed.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

MELANSON, Judge. Chief Judge GUTIERREZ and Judge GRATTON, CONCUR.

OPINION

Page 1209

MELANSON, Judge

Kirk Julliard Gosch appeals from his judgment of conviction for manufacturing marijuana, possession of marijuana with intent to deliver, and possession of marijuana in excess of three ounces. Specifically, Gosch challenges the district court's denial of his motion to suppress. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

The following facts were found by the district court after an evidentiary hearing on Gosch's motion to suppress. Gosch was stopped in his vehicle by officers and was cited for possession of marijuana and possession of paraphernalia. Gosch's criminal history included a prior arrest for possession of paraphernalia. This information was communicated to the Idaho State Police (ISP), which had multiple years of reports that Gosch was involved in smuggling marijuana from Canada to Idaho. Thereafter, the ISP searched garbage from Gosch's apartment and found several plastic bags with corners cut off; small plastic bags containing a white powdery substance; heat-sealed plastic bags bearing labels of " A" or " B," markings used to denote grades of marijuana from Canada; plant stems that tested positive for THC; and several plastic bags emanating a strong odor of marijuana and containing a green leafy substance.

As a result of the accumulated evidence, the ISP requested a search warrant for Gosch's apartment and vehicle. The magistrate issued a search warrant for Gosch's apartment and black Jeep, authorizing officers to search for evidence of trafficking in marijuana and conspiracy to traffic in marijuana. Prior to the execution of the search warrant, an officer observed Gosch and two other individuals carrying items from Gosch's apartment and loading them into Gosch's Jeep and a sedan parked in the driveway. While executing the search warrant, a dog was used to search three vehicles in Gosch's driveway--a sedan, pickup, and Jeep--while only the Jeep was explicitly included in the warrant. The dog alerted on the sedan and the officer opened the doors to allow the dog to search the interior. Cocaine and marijuana were found in the trunk. Based upon various items found in Gosch's apartment and the sedan, the state charged Gosch with trafficking in cocaine, I.C. ยง ...


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