Legal Opinion

Matter of Clayton

Idaho Supreme Court

Decided January 7, 1988No. 16759PublishedCited by 36 opinions

1Opinion of the Court

HUNTLEY, Justice.

In this case we must rule whether a police officer’s conduct leading to an arrest for driving while intoxicated violated Donald Clayton’s fourth amendment rights, and whether Clayton implicitly consented to an evidentiary test by being in actual physical control of his motor vehicle within the meaning of I.C. § 18-8002. For reasons explained below, we affirm.

*818In the early morning hours of December 13, 1985, a Coeur d’ Aleñe Police Officer, Mike Moser, observed a vehicle in a parking lot adjacent to a bar. The vehicle’s engine was running and the headlights were on, and an…

2Cases cited11 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. CortezSupreme Court of the United States · 1981
  3. United States v. Brignoni-PonceSupreme Court of the United States · 1975
  4. Cady v. DombrowskiSupreme Court of the United States · 1973
  5. Wibben v. North Dakota State Highway CommissionerNorth Dakota Supreme Court · 1987

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

3Cited by36 opinions

  1. People v. MurrayIllinois Supreme Court · 1990
  2. State v. GodwinIdaho Supreme Court · 1992
  3. Atkinson v. StateCourt of Appeals of Maryland · 1993
  4. State v. SarhegyiNorth Dakota Supreme Court · 1992
  5. Williams v. StateSupreme Court of Delaware · 2008

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

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