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.
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).
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.
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.
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.