Legal Opinion

State v. Spurgeon

Missouri Court of Appeals

Decided September 27, 1995No. 20036PublishedCited by 7 opinions

1Opinion of the Court

GARRISON, Judge.

Kenneth Spurgeon (Appellant) was charged, as a persistent offender, § 577.023.1(2),1 with the Class D felony of driving while intoxicated, § 577.010. This appeal follows his conviction by the trial court, sitting without a jury, and sentence of three years’ imprisonment.

Appellant raises two issues on this appeal. He first contests the trial court’s finding that the arresting officer was authorized to stop his vehicle. Secondly, he alleges that the result of a breath test admitted in evidence was the product of an unlawful arrest and, therefore, inadmissible.

Carthage, Missouri…

2Cases cited9 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. United States v. SharpeSupreme Court of the United States · 1985
  4. State v. FernandezSupreme Court of Missouri · 1985
  5. State v. ChildressMissouri Court of Appeals · 1992

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. United States v. Jeffrey H. StephensCourt of Appeals for the Eighth Circuit · 2003
  2. State v. WellsMissouri Court of Appeals · 2000
  3. State v. McIntoshMissouri Court of Appeals · 2005
  4. State v. NunezMissouri Court of Appeals · 2015
  5. STATE OF MISSOURI, Plaintiff-Respondent v. RUBEN NUNEZMissouri Court of Appeals · 2015

2 more not listed; retrieve them via the Exa API.

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