Idaho Court of Appeals· 2/18/2005

State v. Gibson

Citations

108 P.3d 424
141 Idaho 277
2005 Ida. App. LEXIS 21

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that “a person’s nervous demeanor during . . . an encounter is of limited significance in establishing the presence of reasonable suspicion”
holding that the dog alert, which provided probable cause to search the defendant's vehicle, did not provide probable cause to arrest and search the defendant for possession of contraband
“The dog’s detection of the odor of drugs did not automatically 16 justify probable cause to arrest Gibson unless there were additional factors to connect that odor with him.”
“[P]ersonal searches of vehicle occupants are not authorized under the automobile exception as a result of the occupant’s mere presence within a vehicle, which there is probable cause to search.”
officer had probable cause to believe that there were drugs in the automobile and conducted a warrantless search after a drug dog indicated that an automobile contained a controlled substance odor
“The standard of probable cause involves the same quantum of evidence regardless of whether an arrest or a search is involved,” but “the facts needed to justify a search are different from those needed to justify a seizure.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gutierrez, Lansing, Walters

Read full opinion on CourtListener

Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

Cites

39 cases in this archive are cited by this case; the 20 most cited are listed.

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