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STATE v. SCHMIDT

No. 27146.

47 P.3d 1271 (2002)

137 Idaho 301

STATE of Idaho, Plaintiff-Respondent, v. Karen Daily SCHMIDT, Defendant-Appellant.

Court of Appeals of Idaho.

May 14, 2002.

Attorney(s) appearing for the Case

Hutchinson, Lammers Clark, Chtd., Twin Falls, for appellant. Rockne K. Lammers argued.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

GUTIERREZ, Judge.

Karen Daily Schmidt appeals from the district court's appellate decision reversing the magistrate's order suppressing certain evidence seized from a vehicle in which she was a passenger. We reverse the district court's appellate decision and affirm the magistrate's order granting Schmidt's motion to suppress.

I.

FACTS AND PROCEDURE

At approximately 6:49 p.m. on December 29, 1999, Gooding County Deputy Robert Morgado was...

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