(Download) "State Idaho v. Sam J. J. Pontier" by Supreme Court of Idaho No. 11091 ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Sam J. J. Pontier
- Author : Supreme Court of Idaho No. 11091
- Release Date : January 15, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Defendant-appellant was prosecuted by a felony information for illegal possession of a narcotic drug, to wit, marijuana. The case was tried before a jury which returned a verdict of guilty. The district court accordingly entered a judgment of conviction from which defendant brings this appeal. We modify the judgment of conviction to reflect a conviction for a misdemeanor and remand for sentencing. On the evening of October 3, 1970, police officers from the Boise City Police Department and the Ada County Sheriff's Department received information from an anonymous female tipster that marijuana was growing in the backyard of a residence in Boise. After determining that appellant was listed as the occupant of the house in the Boise City Directory, the police officers proceeded to the vicinity of the house. Upon arrival, the officers proceeded to the residence of a next door neighbor and requested permission to enter her backyard and observe the backyard of appellant for suspected marijuana plants. After receiving permission, the officers went into the neighboring backyard. Looking over a short picket fence and through some overhanging foliage, the officers observed what they believed to be marijuana plants growing near the garage of appellant's home on the rear of the lot. After a uniformed officer arrived to support the officers, the officers proceeded to the front of the house to arrest the occupants therein for possession of marijuana. A Miss Fullmer responded to their knock at the front door.[Footnote 1] The evidence at this point is conflicting concerning whether Miss Fullmer gave them permission to enter the house. However, the officers did enter the residence and immediately upon entry arrested Miss Fullmer for illegal possession of narcotics. At the same time the officers inquired of Miss Fullmer concerning the whereabouts of appellant. Miss Fullmer explained that he was hunting but would return at any time. Seeing some guns leaning up against a wall in the house apparently caused the officers to disbelieve Miss Fullmer so they proceeded to conduct a general search of the house and the basement in an attempt to find appellant. They did not locate appellant; however, during this search the officers observed what appeared to be some hashish residue in a partially opened plastic container on the bottom shelf of a bedstand in one of the bedrooms. A water pipe of the type used to smoke marijuana was also observed in a hutch cupboard in the house. Shortly thereafter appellant returned from his hunting trip with co-defendant Gonzales who was at the time living in the home with appellant. The officers arrested Mr. Gonzales and appellant for possession of narcotics. The officers then obtained a search warrant to search the house for marijuana based upon the marijuana plants growing in the backyard, the apparent hashish in the container in the bedstand and the water pipe. In a subsequent search pursuant to this warrant, the officers discovered additional marijuana and drug paraphernalia.
 "State Idaho v. Sam J. J. Pontier" by Supreme Court of Idaho No. 11091 ~ eBook PDF Kindle ePub Free){kind=link}