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132 Idaho 693

978 P.2d 881

State v. Staatz

Idaho Court of Appeals

Decided May 26, 1999

Idaho Court of Appeals · decided 1999-05-26

Relies on State v. Abeyta

Good law ✅— No negative treatment on recordhow we know

Decided 1999-05-26

How this case has been cited

Cited by 8 later decisions — most recently August 2017

8 state decisions

50199920002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Judge SCHWARTZMAN,

¶1SPECIALLY CONCURRING.

¶2I disagree with the majority’s holding in Part IIA of its analysis, even assuming the initial entry was made without specific invitation. I think Mary’s subsequent actions clearly implied consent to remain in the premises and discuss the situation, just as in State v. Abeyta, 131 Idaho 704, 963 P.2d 387 (Ct.App.1998).

¶3However, I fully concur in Part IIB of the opinion, i.e. Mary’s revocation, and perforce, the ultimate result to suppress the evidence seized as a consequence thereof. As the opinion cogently notes, “One cannot expect a resident to continue to object after his or her first request to leave has been rebuffed by the authorities.” While the police may seek to clarify such a request, or even attempt to ask the resident to reconsider, willful indifference to, or conscious avoidance of, such a request cannot be constitutionally tolerated.

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