Topic: Search incident to arrest cannot come before probable cause exists to make an arrest.

Nicholas Blythe appealed after he was convicted of possessing a controlled substance. He conditionally pled guilty, reserving the right to challenge his sentence. On appeal, he argued the district court erred in denying his motion to suppress certain evidence found because the evidence presented at trial was found in violation of Blythe’s Fourth Amendment rights. After review, the Idaho Supreme Court determined the search at issue took place before an arrest occurred, and because no rationale justifying a search incident to arrest was sufficiently present here, the search of Blythe’s shoes was not a valid search incident to arrest. Therefore, the district court erred in holding that the search was reasonable under the Fourth Amendment. Blythe’s conviction was vacated, the district court order denying Blythe’s motion to suppress was reversed, and the matter remanded for further proceedings.

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