Wolf v. State
152 Idaho 64
| Idaho Ct. App. | 2011Background
- Wolf solicited sex from someone he believed to be a 15-year-old online and arranged a meeting; police undercover responders greeted him at the meeting place.
- Police obtained a search warrant and seized Wolf's computer during the investigation into his online communications.
- Forensic analysis found child pornography and sexually exploitative material on Wolf's computer.
- Wolf pled guilty to enticing a minor over the Internet and possession of sexually exploitative material; he received a composite sentence including a term of years and an indeterminate term.
- Wolf filed a post-conviction relief petition alleging ineffective assistance of counsel for not moving to suppress the seized evidence; the district court summarily dismissed.
- The Idaho Court of Appeals affirmed the district court’s denial, upholding that counsel was not ineffective for failing to pursue suppression due to probable cause and timing considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to support the search warrant | Wolf argues lack of probable cause for the warrant. | State contends affidavit sufficient to establish probable cause. | Probable cause sufficient; counsel not ineffective for not moving to suppress. |
| Timely execution of the warrant and forensic search | Wolf contends delay after issuance invalidates search. | State argues delay did not dissipate probable cause and was reasonable. | Delay did not render search unlawful; counsel not ineffective for not seeking suppression. |
Key Cases Cited
- State v. Lewis, 123 Idaho 336 (1993) (probable cause for computer-based exploitative-material search supported by specific operation details)
- Gates, 462 U.S. 213 (1983) (probable cause requires a substantial basis; practical, common-sense analysis)
- Ventresca, 380 U.S. 102 (1965) (affidavits must detail underlying circumstances, not mere conclusions)
- Sorbel, 124 Idaho 275 (Ct.App.1993) (needs-nexus showing between activity, seized items, and search location)
- Josephson, 123 Idaho 790 (1993) (state constitutional analogue to Fourth Amendment requirements)