Idaho v. AlbertsonAnnotate this Case
Darryl Joe Albertson appealed his conviction for possession of a controlled substance. In August 2016, a police officer approached Albertson’s front door and observed through a window that he was smoking methamphetamine. Because he had a “no trespassing” sign posted near the opening to his property, Albertson argued the officer’s conduct constituted an unreasonable search under the Fourth Amendment to the United States Constitution and Article I, section 17 of the Idaho Constitution. Consequently, he asked the Idaho Supreme Court to reverse the district court’s decision denying his motion to suppress the evidence. The State argued the "no trespassing" sign in question was insufficient to revoke the implied license for uninvited visitors to approach his home. Finding no reversible error, the Supreme Court affirmed.