[Download] "State Idaho v. Robert Lee Cunningham" by Court of Appeals of Idaho No. 17589 # Book PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. Robert Lee Cunningham
• Author : Court of Appeals of Idaho No. 17589
• Release Date : January 19, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Robert Cunningham appeals from a district court's appellate decision which reversed a magistrate's order suppressing evidence
of Cunningham's blood alcohol test result. The issue is whether the magistrate erred in concluding that, pursuant to I.C.
§ 18-8002(4)(d), evidence of Cunningham's blood alcohol test result should be suppressed because the arresting officer
did not provide Cunningham with an opportunity for an additional test. We agree with the district court that the evidence
should not have been suppressed. Accordingly, we affirm the district court's appellate decision. The case is remanded for
further proceedings. Because this is an appeal from a decision of the district court acting in its appellate capacity, we conduct an independent
review of the record. We determine whether findings made by the magistrate are supported by substantial evidence and whether
the magistrate correctly applied the law to the facts as found. Of course, we reach our own determinations of law upon the
facts presented.

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