KHQ Right Now - News and Weather for Spokane and North Idaho | Idaho Court of Appeals vacates drug conviction
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Associated Press - November 21, 2009 5:44 PM ET
SANDPOINT, Idaho (AP) - The Idaho Court of appeals has vacated a northern Idaho man's felony drug conviction due to problems that began when police raided the wrong home.
The appeals court ruled last week that judicial missteps occurred in magistrate court and 1st District Court, and that authorities didn't have probable cause to search the residence of 45-year-old Robin James Beldon.
After police in 2007 received a tip from an informant, they made a raid at space 23 in a Ponderay mobile home park.
After realizing their search warrant should have been for space 25, police obtained a second warrant and found marijuana and packaging supplies, and Beldon was subsequently convicted and sentenced to up to two years in prison.
The appeals court ruled the second warrant hearing only demonstrated Beldon lived at space 25, but that no additional evidence was introduced to show a drug transaction had ever taken place at space 25.
The appeals court says that meant there wasn't sufficient probable cause to justify the second search.
Information from: Bonner Daily Bee, http://www.bonnercountydailybee.com
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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