Wrongly Convicted Database Record

 

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John Patrick Linze Jr

 

Charge:

Drug Related (Possession or sale)

Sentence:

Years Imprisoned:

Year Crime:

2013

Year Convicted:

2014

Year Cleared:

2016

U.S. State or Country of Crime:

Idaho

County or Region of Crime:

Canyon

City of Crime:

Caldwell

Result:

Judicially Exonerated

Summary of Case:

"John Patrick Linze Jr. was wrongly convicted in 2014 of possession of methamphetamine in Canyon County, Idaho. In November 2013 the car Linze was driving was stopped by a police officer for having a cracked windshield. Linze refused to consent to a search of his vehicle, and although the officer didn't see any drugs or paraphenalia, Linze called for a police K-9 drug dog to come and sweep the vehicle. 19 minutes after Linze's car was stopped, the K-9 dog arrived, and indicated the presence of drugs. A search of Linze's car discovered a pipe with white crystal residue. Linze was charged with methamphetamine possession. The trial judge denied Linze's motion to suppress the evidence as the result of an illegal search, and that the traffic stop for a cracked windshield was unlawfully extended to allow time for the arrival of the K-9 dog. Linze then pled guilty conditioned on his retaining the right to appeal the judge's ruling. On January 8, 2016 the Idaho Court of Appeals reversed Linze's conviction based on the illegal search of his car, because his traffic stop for a cracked windshield didn't provide the basis for a reasonable suspicion by the officer to extend the traffic stop in order to conduct an investigation for possible drug-related offense."

Conviction Caused By:

Innocence Proved By:

"On January 8, 2016 the Idaho Court of Appeals reversed Linze's conviction based on the illegal search of his car, because his traffic stop for a cracked windshield didn't provide the basis for a reasonable suspicion by the officer to extend the traffic stop in order to conduct an investigation for possible drug-related offense."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"State v. John Patrick Linze, Jr., No. 42321, 2016 Opinion No. 3 (Idaho Ct. of Appeals, 1-26-2016) (Conviction reversed based on evidence obtianed by illegal search)"

Information Location 1:

http://www.isc.idaho.gov/opinions/42321.pdf

Information Source 2:

"Conviction thrown out over unlawful K-9 search, By Ruth Brown, Idaho Press-Tribune, January 21, 2016"

Information Location 2:

http://www.idahopress.com/members/conviction-thrown-out-over-unlawful-k--search/article_1f63d370-c5a8-553e-b037-26df0e81e7ad.html

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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