Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Archives: Constitutional Law

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Idaho Court of Appeals Upholds Warrantless Search of Car – Just Like The United States Supreme Court Did

Posted in Constitutional Law, Criminal Defense, DUI, Search and Seizure
 A recent Idaho Court of Appeals decision follows recent United States Supreme Court precedent, allowing a search of a car incident to arrest, even if the defendant is in custody at the time of the search, and unable to reach into the vehicle at the time of the search. The Idaho case is State v.… Continue Reading

Idaho’s Civil Action For Victims Of Sexual Abuse Not Applied Retroactively

Posted in Assistance of Counsel, Civil Rights, Constitutional Law, Crime Victims, Idaho Appellate Decisions
 The Idaho Supreme Court decided an interesting case in which the Boy Scouts of America sought to dismiss a case brought by sex abuse victims who had not proceeded with their cases until they were adults. Generally, Idaho civil law contains a statute of limitations that ends liability for civil cases after some number of… Continue Reading

Did I say the Idaho Supreme Court never grants relief? Say it ain’t so!

Posted in Assistance of Counsel, Civil Rights, Constitutional Law, Criminal Defense, Idaho Appellate Decisions
The problem with over generalizations is – they are in fact over generalizations! Guilty. I may have suggested recently that your likelihood of getting relief on appeal is about the same as coming up with a perpetual motion machine; or a little less than winning that $200 million Power Ball; or swimming from Los Angeles… Continue Reading

Three Truths About Criminal Trials – And Maurice Troutman Gets Another Chance

Posted in Assistance of Counsel, Civil Rights, Constitutional Law, Criminal Defense, Idaho Appellate Decisions, Trials
Reversing a conviction for rape this week, the Idaho Court of Appeals reminded all of us that the system works when the rules leveling the playing field are enforced. That applies to defense lawyers and prosecutors alike. As Judge Gutierrez noted: "While our system of criminal justice is adversarial in nature, and the prosecutor is expected… Continue Reading

Idaho Appellate Court Says Judge Had Duty To Order Mental Evaluation

Posted in Constitutional Law, Criminal Defense, News, Trials
 In a decision handed down on December 30, the Idaho Court of Appeals vacated a conviction for robbery in State vs Faron Hawkins because the district judge did not sua sponte (on his own without a motion from the defendant) order a mental health evaluation during the trial of the case. Hawkins had contacted an FBI… Continue Reading

Can They Search My Computer (Revisited)

Posted in Constitutional Law
 Back in June I had been asked about the seizure of data from a computer in a post which set out that most basic of problems – suspects PROVIDING their computers to the cops for use AGAINST them or their spouse. My advice then was simple – don’t do that! Why make it easier on… Continue Reading

Can They Search My Computer Without A Warrant?

Posted in Constitutional Law
 This was the message on my phone today – "the cops are here, they think I have illegal pornography on my computer and want to search.  Can they search it without a warrant?  Should I talk to them?" And then the phone went dead.  I suppose the caller had a little talk with the nice… Continue Reading

Is The Exclusionary Rule At Risk – Maybe

Posted in Constitutional Law
 The testimony usually goes like this –  "Now officer, as you observed the defendant’s driving that night, did you see anything that caused you to believe he might be operating under the influence of some intoxicant?" "I did.  He was weaving all over the place, crossed the yellow line and the white lines, and almost… Continue Reading

So You Want To Plead Guilty – Idaho Appellate Court Says Lawyer Must Consider Mental State

Posted in Assistance of Counsel, Constitutional Law, Idaho Appellate Decisions
I am not a psychologist – and I don’t play one on this blog, but the Idaho Court of Appeals has decided that criminal defense lawyers need to pay attention to their clients’ mental states at the time they enter a plea of guilty.  In Ridgley vs State of Idaho, decided August 6, Judge Lansing… Continue Reading

Miranda Alive And Well In Idaho

Posted in Constitutional Law, DUI
The Idaho Court of Appeals has ruled that a police officer must give Miranda warnings to the driver of a car after finding drugs in the car, when he has been sufficiently treated like he is in custody, and not simply the subject of a traffic stop.  In State v. James, a divided Court held… Continue Reading