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The Relationship Between The Idaho Constitution And The United States Constitution

Posted by William Young | May 21, 2018 | 0 Comments

The Fourth Amendment protects citizens from unreasonable searches and seizures. A seizure without a warrant is unreasonable, subject to a few enumerated exceptions. The famous case of Terry v. Ohio held that a detention by law enforcement is a seizure within the meaning of the Fourth Amendment. Following the logic in Terry, an officer who detains a person for a traffic offense must have a re asonable suspicion that the law is being violated based on specific and articulable facts. The suspicion must be formed before the stop. Idaho's constitutional provisions relating to searches and seizures are similar to federal law, however, Idaho courts have repeatedly held that Article I § 7 provides citizens with greater protection than that provided under federal law.

About the Author

William Young

Idaho Criminal Defense and Civil Litigation Attorney. Although I do a little bit of everything in my practice, I focus primarily on Criminal Defense and Civil Litigation. I am licensed to practice, and have a record of success, in both state and federal court.

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