Idaho Department Law Enforcement by and - Court of Appeals of Idaho No. 18983

Idaho Department Law Enforcement by and

By Court of Appeals of Idaho No. 18983

  • Release Date - Published: 1991-12-11
  • Book Genre: Law
  • Author: Court of Appeals of Idaho No. 18983
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Idaho Department Law Enforcement by and Court of Appeals of Idaho No. 18983 read online review & book description:

Ruben Redolfo Rodriguez appeals from a judgment of the district court forfeiting to the state $34,000 seized from Rodriguez'
car. Following a court trial, the forfeiture was granted pursuant to I.C. § 37-2744 on the basis that the money
was used in connection with drug transactions. Rodriguez' arguments on appeal encompass illegal search and seizure, application
of an erroneous standard of proof, and the misinterpretation of evidence. We affirm. Facts At about midnight on September 26, 1989, Idaho State Police Officer Ronald Pumphrey stopped Rodriguez for speeding
on Interstate 15 south of Pocatello. Rodriguez, travelling with his girlfriend in a car rented by an absent third party, was
unable to produce a driver's license or other identification. However, he did tell Officer Pumphrey his name, social security
number, birth date, and that he was a resident of Tucson, Arizona. He also produced the car's rental agreement, which indicated
that neither he nor his girlfriend was authorized to drive the car. When Officer Pumphrey radioed for information about Rodriguez,
he was told that the Arizona computer was down. He then asked Rodriguez for permission to search the car, which was given.
To aid in the search, the officer called for the Bannock County Canine Unit. Shortly thereafter, Deputy Fagnant of the Bannock
County Sheriff's Office arrived with his dog Xavier. Xavier had been specially trained to detect marijuana, cocaine, and heroin
by scent. The officers testified that when the dog arrived, Rodriguez withdrew his permission to search the car. Soon, Officer
Pumphrey received a radio message from dispatch that the Arizona computer was working again and had responded with the information
that Rodriguez' driver's license had been suspended in Arizona. Officer Pumphrey arrested Rodriguez for driving without privileges
and placed him in the officer's patrol car.

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