State v. Zueger

5 Citing cases

  1. State v. Garcia-Rodriguez

    162 Idaho 271 (Idaho 2017)   Cited 129 times   1 Legal Analyses
    Holding appellate review is limited to evidence, theories and arguments presented to trial court

    Significantly, the Court of Appeals discussed an earlier decision by this Court addressing a statutory violation as grounds for suppressing evidence: In State v. Zueger , 143 Idaho 647, 650, 152 P.3d 8, 11 (2006), a warrant was issued in violation of I.C. § 19-4406 , which limits those who may sign a magistrate judge's name to a warrant to the magistrate himself/herself or an authorized peace officer. The magistrate had authorized a prosecutor to sign the magistrate's name to a warrant.

  2. State v. Green

    158 Idaho 884 (Idaho 2015)   Cited 15 times
    Noting that similarity of language and purpose does not require the court to follow Fourth Amendment jurisprudence but finding it persuasive in this case

    Rather, the holding was based upon violation of one's substantive constitutional right to refuse a search under an unsigned warrant. Id.; see also State v. Zueger, 143 Idaho 647, 650, 152 P.3d 8, 11 (2006) ; State v. Branigh, 155 Idaho 404, 415, 313 P.3d 732, 743 (Ct.App.2013), rev. denied (Dec. 9, 2013), cert. denied, – –– U.S. ––––, 134 S.Ct. 1342, 188 L.Ed.2d 348 (2014).

  3. State v. Pruss

    145 Idaho 623 (Idaho 2008)   Cited 15 times
    In Pruss, the Idaho Supreme Court considered whether Pruss had a reasonable expectation of privacy within a temporary "hooch" that he had constructed on public lands.

    Idaho law permits telephonic applications for a search warrant and authorizes the magistrate to have a peace officer sign the magistrate's name on the warrant. State v. Zueger, 143 Idaho 647, 152 P.3d 8 (2006); State v. Fees, 140 Idaho 81, 90 P.3d 306 (2004); I.C. § 19-4406. In addition, many permanent homes in our State are located in remote areas.

  4. State v. Branigh

    313 P.3d 732 (Idaho Ct. App. 2013)   Cited 18 times
    Holding mere judicial error does not divest a court of subject matter jurisdiction

    Bicknell, 140 Idaho at 204–05, 91 P.3d at 1108–09. In State v. Zueger, 143 Idaho 647, 650, 152 P.3d 8, 11 (2006), a warrant was issued in violation of I.C. § 19–4406, which limits those who may sign a magistrate judge's name to a warrant to the magistrate himself/herself or an authorized peace officer. The magistrate had authorized a prosecutor to sign the magistrate's name to a warrant.

  5. State v. Branigh

    155 Idaho 404 (Idaho Ct. App. 2013)   Cited 13 times
    Holding mere judicial error does not divest a court of subject matter jurisdiction

    Bicknell, 140 Idaho at 204–05, 91 P.3d at 1108–09. In State v. Zueger, 143 Idaho 647, 650, 152 P.3d 8, 11 (2006), a warrant was issued in violation of I.C. § 19–4406, which limits those who may sign a magistrate judge's name to a warrant to the magistrate himself/herself or an authorized peace officer. The magistrate had authorized a prosecutor to sign the magistrate's name to a warrant.