Idaho v. Amstad

by
This appeal centered the interpretation of Idaho Code section 37-2732: the State charged Daniel Amstad with violating section 37-2732 for “being present at or on premises of any place where he knows illegal controlled substances are being manufactured or cultivated, or are being held . . . .” Amstad moved to dismiss on the basis that he was in a vehicle, so his conduct did not fall within the statute. The magistrate court granted the motion and dismissed the case. The State appealed and the district court affirmed, holding that “premises” and “place” under section 37-2732 did not include a parked vehicle. The Idaho Supreme Court disagreed with the magistrate and district courts, holding that "a person does not leave a location simply by entering a parked vehicle." As such, the Court reversed and remanded this case for further proceedings. View "Idaho v. Amstad" on Justia Law