STATE v. JOHNSON


365 A.2d 497 (1976)

STATE of Maine v. John R. JOHNSON.

Supreme Judicial Court of Maine.

November 9, 1976.


Attorney(s) appearing for the Case

David M. Cox, Dist. Atty., Paul W. Chaiken, Asst. Dist. Atty., Bangor, for plaintiff.

William E. Macdonald, Bangor, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK, ARCHIBALD, and DELAHANTY, JJ.


ARCHIBALD, Justice.

This appeal raises a basic issue, namely, on the stipulated facts did a police officer have any legal right to stop the defendant for investigative purposes? We believe he did and deny the appeal.

At the District Court level the defendant moved to suppress a blood test taken pursuant to 29 M.R.S.A. § 1312, the so-called "Implied Consent" statute.1 The District Court Judge refused to suppress the results...

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