# State v. Hobson

> Idaho Supreme Court · June 12, 1974 · 95 Idaho 920

URL: https://www.frixlaw.com/law-library/cases/9844375

## Case

- **Full name:** The STATE of Idaho, Plaintiff-Appellant, v. Jerry L. HOBSON, Defendant-Respondent
- **Court:** Idaho Supreme Court
- **Decided:** June 12, 1974
- **Citations:** 95 Idaho 920; 523 P.2d 523; 1974 Ida. LEXIS 540
- **Precedential status:** Published
- **Opinion:** Dissent by Bakes
- **Judges:** McFadden, McQuade, Bakes, Shepard, Donaldson
- **Cited by:** 58 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9844375

## How later opinions describe it (automated extraction)

- characterizing a policeman’s request to see a driver’s license as a “legitimate request” incident to a traffic stop

## Opinion text

BAKES, Justice
(dissenting).
I would affirm the action of the trial court. This case appears to be one in which the rights of society to enforce its laws and to punish violators, and the rights of a citizen to be free from unreasonable searches and seizures appear to be in near equipoise. Therefore, the presumption that the trial court is correct should prevail, and the conflict should be resolved in favor of upholding the constitutional rights of the citizen to be free from unreasonable searches and seizures.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9844375. Public record. Not legal advice.