December 09, 2004

Your Terry stop ends where my front door begins

CrimProf Blog shines the spotlight of academe on the Idaho Supreme Court and Twin Falls' own Judge Burdick for the opinion in State v. Maland, holding that "police may not make a warrantless, nonconsensual entry into a residence in order to effectuate a Terry stop." John Adams, Coeur d'Alene über-p.d., gets the win.

CrimProf's comment section says, "It's sad that such a common sense case is...big news." For the next 90 days, here's a place that you can read the opinion for free. While you're there, check out State v. LaMay, a search incident to arrest case. Looks like I'm leaving just as Idaho's developing some common sense search-and-seizure caselaw.

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