Idaho v. Saldivar

The State appealed a district court order granting Isaac Saldivar’s motion to suppress evidence that he unlawfully possessed a firearm. During a pat-search, police discovered a Smith & Wesson semi-automatic pistol in the left front pocket of Saldivar’s pants. The police later learned that Saldivar was a parolee who was wanted on an active warrant. The district court determined that the officers lacked reasonable suspicion to conduct the pat-search. The district court further held that the inevitable discovery exception was inapplicable to the facts of this case and granted the motion to suppress. The State argued the search was reasonable under the circumstances, and that even if it was not, the inevitable discovery exception applied to this case. It also argued that because of his parole status, Saldivar did not retain a reasonable expectation of privacy regarding the pat-search. The Idaho Supreme Court concluded the search was reasonable under the circumstances presented to the trial court and reversed that court’s suppression order. View "Idaho v. Saldivar" on Justia Law