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MATTER OF CLAYTON

No. 16759.

748 P.2d 401 (1988)

113 Idaho 817

In the Matter of the Suspension of the Driver's License of Donald CLAYTON, Defendant. STATE of Idaho, Plaintiff-Respondent, v. Donald CLAYTON, Defendant-Appellant.

Supreme Court of Idaho.

January 7, 1988.

Attorney(s) appearing for the Case

Dan J. Rude, Esq., Coeur d'Alene, for defendant-appellant.

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

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.

In the early morning hours of December...

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