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State v. Rozajewski

Court of Appeals of Idaho

September 3, 2015

STATE OF IDAHO, Plaintiff-Respondent,
v.
STEPHEN PHILLIP ROZAJEWSKI, Defendant-Appellant

As Corrected September 28, 2015.

Editorial Note:

This decision is not final until exception of the 21 day petition for rehearing period. Pursuant to rule 118 of the Idaho Appellate Rules.

2015 Opinion No. 55

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

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

Hon. Lawrence G. Wasden, Attorney General; Ted S. Tollefson, Deputy Attorney General, Boise, for respondent. Ted S. Tollefson argued.

Judge GUTIERREZ and Judge GRATTON, CONCUR.

OPINION

Page 1059

MELANSON, Chief Judge

Stephen Phillip Rozajewski appeals from his judgment of conviction for unlawful possession of a firearm. Specifically, he challenges the district court's denial of his motion to suppress. For the reasons set forth below, we affirm.

A police officer was assisting probation officers with the search of a probationer's residence, where Rozajewski had recently begun renting a bedroom from the probationer. The probationer, the probationer's girlfriend, Rozajewski, and Rozajewski's friend were present at the residence at the time of the search. Upon entering the residence, the officers found various items of paraphernalia and small amounts of marijuana in the common area of the residence. Another police officer was called to investigate the scene. The officers searched the residence and found paraphernalia in the probationer's bedroom. Rozajewski refused to consent to the search of his bedroom and, therefore, the officers sought a search warrant. The initial officer remained at the scene, while the investigating officer went to obtain a search warrant. During that time, Rozajewski's friend told the initial officer that she had a backpack in Rozajewski's bedroom which contained a pipe loaded with methamphetamine. The initial officer relayed the friend's statement to the investigating officer.

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