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STATE v. SCOTT

No. 37018.

244 P.3d 622 (2010)

STATE of Idaho, Plaintiff-Appellant, v. Matthew Gilbert SCOTT, Defendant-Respondent.

Court of Appeals of Idaho.

November 23, 2010.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General; Kenneth K. Jorgensen , Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Gabriel McCarthy , Boise, for respondent. Gabriel McCarthy argued.

WALTERS, Judge Pro Tem.

The State appeals the district court's decision affirming the magistrate's order granting a motion to suppress evidence. The magistrate suppressed evidence that Matthew Gilbert Scott was driving under the influence of alcohol because the city police officer obtained the evidence after stopping Scott's vehicle outside the city limits. We reverse and remand.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On December 29, 2007...

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