State v. Christensen

SCHROEDER, Justice,

concurring in the result.

I concur in the result in this case but do not join in the discussion in Section III concerning the relationship between the interpretation of art. I, § 17 of the Idaho Constitution and the United States Supreme Court precedent in interpreting the Fourth Amendment to the United States Constitution. There are cases in which that relationship might be important and in which there might be a dispute as to the approach to be taken in determining the applicable rule; however, this is not one of those cases. The search in this case was unreasonable under either the Fourth Amendment to the United States Constitution or art. I, § 17 of the Idaho Constitution. No more need be said about the relationship between the two provisions in this case. That question should be left to a case in which it is important.

WALTERS, J., concurs with Justice SCHROEDER’s concurrence in the result.