Officer Crossed Border, But Arrest Was Good

Dismissal of a drug charge is not appropriate when the defendant argues that the arresting officer went out of his jurisdiction, the Idaho Court of Appeals says.

Sherrie L. Phelps appealed District Judge Robert Newhouse’s refusal to dismiss a drug charge, contending that when an undercover agent bought methamphetamine from her in 1995 for $175, it was in Garden City but the investigation involved Boise drug officers.

The Court of Appeals said Friday that although “extraterritorial activities” outside an officer’s jurisdiction might lead to sanction, civil or possible criminal liability, it is not basis for dismissing the charge.