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(Download) "State Idaho v. Norman Turnbeaugh" by Court of Appeals of Idaho No. 15420 " Book PDF Kindle ePub Free

State Idaho v. Norman Turnbeaugh

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eBook details

  • Title: State Idaho v. Norman Turnbeaugh
  • Author : Court of Appeals of Idaho No. 15420
  • Release Date : January 05, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Norman Turnbeaugh was charged with two counts of possession of marijuana, I.C. § 37-2732(e). One count arose from marijuana discovered in a car after Turnbeaugh had a traffic accident. The other count was based on marijuana discovered at Turnbeaugh's residence pursuant to execution of a search warrant issued by a magistrate following the traffic accident. At trial, the district Judge concluded that the information used to determine probable cause for issuing the search warrant was stale. Therefore, the district Judge ordered suppression of the evidence obtained under the warrant. Turnbeaugh was tried on the remaining count and was acquitted. The state now appeals from the order suppressing the evidence obtained pursuant to the search warrant. We reverse. The district Judge based his decision to suppress on the following facts. On October 2, 1982, Norman Turnbeaugh wrecked a borrowed car on State Highway 37. While investigating the accident, a police officer found a substance he thought to be marijuana scattered throughout the car and two rolls of money totaling $1,000. When Turnbeaugh's wife arrived at the accident scene, she was observed nervously searching the vicinity of the accident. Later, the wife went to the hospital where Turnbeaugh was being treated and asked for Turnbeaugh's wallet. When the nurse took the wallet from Turnbeaugh's pocket, a small bag containing a white substance fell out of the wallet. Turnbeaugh's wife grabbed the packet and refused to give it to the nurse. The nurse notified the sheriff's office of the incident.


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