Jacobsen v. State

BAKES, Justice,

concurring specially:

I concur in the result reached by the majority, but only because, as the majority opinion points out, the “sworn affidavits and the criminal complaint executed in Wyoming and which accompany the demanding documents establish probable cause to believe that the appellant removed mortgaged property from Fremont County without the consent of the secured party in violation of Wyoming law.” Without such a showing of probable cause I am of the opinion that any extended restraint of liberty following arrest, whether in an extradition proceeding or otherwise, would be illegal. Struve v. Wilcox, 99 Idaho 205, 579 P.2d 1188 (1978); Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975).