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Cass William Tendore, age 27, of Pocatello, appeared with his attorney Monday before Senior District Judge Gregory Anderson on a motion to suppress charges against him.
Count two, possession of a controlled substance, was dismissed. The report from the State Lab said there was no controlled substance in the baggy found on Tendore's person.
Tendore was arrested at the Eastern Idaho State Fair in September 2011. He was charged with trafficking a controlled substance, three counts of carrying a concealed weapon without a license and criminal trespass from the fairgrounds.
Defense attorney Justin Oleson suggested the Blackfoot city police had no basis to search Tendore nor did they have any basis to search his vehicle.
Bingham County Chief Deputy Prosecuting Attorney Randy Smith called two Blackfoot city policemen to prove there was probable cause to check Tendore's person and the vehicle in which he was riding.
Blackfoot City Officer Travis Mayne said earlier that same evening, he had come into contact with Tendore.
Mayne ran identification on Tendore at that time. He found Tendore had a suspended or revoked concealed weapons permit.
"I can't remember which without reviewing my notes," Mayne said.
Mayne was the first officer on the scene. He testified that he saw Tendore leaning into the vehicle on the passenger side after which Mayne told fair security to "grab him."
"I looked into the vehicle where Tendore was looking," the officer said.
Mayne said he found a loaded 9 mm handgun under the passenger seat.
After the gun was found, Blackfoot city police Sgt. Buddy Fowler ordered the driver and two young passengers out of the vehicle. The vehicle was then searched.
Judge Anderson ordered the attorneys to submit five page briefs that are to be submitted to him by 5 p.m. on Monday, Feb. 27.
Tendore's trial date has been continued to 9:15 a.m. on Tuesday, March 27.