[Download] "State Idaho v. Weyland Ray Cowen" by Supreme Court of Idaho No. 14017 " eBook PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. Weyland Ray Cowen
• Author : Supreme Court of Idaho No. 14017
• Release Date : January 18, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This is an appeal from a conviction of first degree burglary and grand larceny and of the use of a firearm in the commission of both offenses. The sole issues raised on appeal relate to the denial of Cowen's motion to suppress certain evidence. We affirm. At approximately 10:00 p.m. on February 24, 1980, a state police officer noted an automobile traveling south about a mile south of Eagle, Idaho. The officer stopped the car because the trunk lid was raised about three feet and tied down to accommodate a large object in the trunk. The rear of the car was riding low. There was no equipment violation or traffic offense, but the officer stopped the car solely because its appearance aroused in him a suspicion of criminal activity. The officer asked the driver for his driver's license and the car's registration. Those were handed to the officer. The officer then inquired as to the contents of the trunk and the driver gave the officer consent to look into the trunk. The officer removed a rug and found a large safe. At that time the driver and the passenger Cowen fled the vehicle. The officer demanded that the fleeing occupants stop and threatened to shoot, whereupon Cowen stopped, raised his arms, and was arrested. Pursuant to the arrest, the officer frisked Cowen and removed a police scanner and two guns. These items were admitted into evidence at trial over objection that they were fruits of an illegal search. Although no warrant was obtained, police searched the car, photographing and removing numerous tools and objects which were also admitted at trial. At the time of the arrest the officer noted three small gold rings in Cowen's ponytail. Those rings were subsequently found on the floor of the room where Cowen was questioned and were admitted into evidence after having been identified by the burglary victim.

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