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Appeals court taking up local drug case

KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 11 years, 2 months AGO
by KEITH KINNAIRD/Hagadone News Network
| October 8, 2014 9:00 PM

SANDPOINT - Idaho's appellate court is taking up the state's appeal of an order granting the suppression of evidence in a Sandpoint woman's felony drug-possession case.

First District Judge Barbara Buchanan ordered last year that the evidence be suppressed in Doris Nepa Hays' case because it was gained in violation of her constitutional rights. Buchanan also ruled Hays' Miranda rights were violated when she was questioned during the traffic stop.

Hays, 41, was stopped by Ponderay Police for speeding on U.S. Highway 95 in 2012. A Bonner County sheriff's deputy and a drug-detecting K9 were summoned to the scene because Hays appeared nervous.

Hays admitted there was marijuana in the vehicle and a subsequent search turned up methamphetamine.

Hays' defense counsel argued the evidence should be suppressed because it was obtained contrary to her Fourth Amendment safeguard against unreasonable searches and seizures.

Buchanan found that a lawful eight-minute-long traffic stop unlawfully stretched into a 28-minute interrogation. Buchanan further ruled that made incriminating statements without first being advised of her rights and the confession was more a product of coercion than free will.

The state appealed Buchanan's granting of the motion to dismiss, arguing that the length of the traffic stop was not unlawfully extended and that Hays was not in custody when she made the incriminating remarks.

The Idaho Court of Appeals is slated to take up the matter when it meets in Boise on Oct. 24.

ARTICLES BY KEITH KINNAIRD/HAGADONE NEWS NETWORK

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