Idaho Supreme Court· 5/21/1993

State v. Josephson

Citations

123 Idaho 790
852 P.2d 1387
1993 Ida. LEXIS 116

How courts have described this case

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

holding that when a magistrate issues a search warrant, the reviewing court’s function is to ensure that the magistrate had a substantial basis for concluding that probable cause existed
holding that the discovery of marijuana and paraphernalia during a search of the defendant's garbage that reportedly occurred one month before the application for the warrant was too stale to provide probable cause to believe marijuana would be found in the defendant's house.
rejection of good faith exception to the exclusionary rule applied retroactively to case pending at the time Guzman was decided where probable cause lacking
rejection of good faith exception to the exclusionary rule applied retroactively to case pending at the time Guzman was decided where probable cause lacking
retroactively applying Guzman to all cases that were not final when Guzman was issued, including cases that were in progress in the trial courts

Source: CourtListener parenthetical corpus (CC0).

Judges: Bistline, Johnson, McDeyitt, Reinhardt, Trout

Read full opinion on CourtListener

Cited by

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

Cites

15 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.