Legal Opinion

State v. David John Harper

Idaho Court of Appeals

Decided February 26, 2018No. Docket 44819PublishedCited by 3 opinions

1Opinion of the Court

HUSKEY, Judge David John Harper appeals from the district court's judgment and commitment. He argues the district court erred when it denied his motion to suppress. The order denying motion to suppress and judgment and commitment of the district court are affirmed.

I

FACTUAL AND PROCEDURAL BACKGROUND

An officer observed Harper driving his vehicle on the freeway about one and one-half car lengths behind another vehicle at a speed of approximately 65 mph. The officer stopped Harper's vehicle for following too closely, in violation of Idaho Code § 49-638 (1). Upon approaching the vehicle, the…

2Cases cited19 opinions

  1. United States v. CortezSupreme Court of the United States · 1981
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. State v. AtkinsonIdaho Court of Appeals · 1996
  4. State v. Valdez-MolinaIdaho Supreme Court · 1995
  5. State v. ScheversIdaho Court of Appeals · 1999

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3Cited by3 opinions

  1. State v. ChavezNew Mexico Court of Appeals · 2018
  2. State v. GuynnCourt of Appeals of Oregon · 2020
  3. State of West Virginia v. Joshua Shaine MooreWest Virginia Supreme Court · 2020

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