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STATE v. COOPER

No. 18484.

809 P.2d 515 (1991)

119 Idaho 654

STATE of Idaho, Plaintiff-Appellant-Appellant on Appeal, v. Claudia Jo COOPER, Defendant-Respondent-Respondent on Appeal.

Court of Appeals of Idaho.

Rehearing Denied April 19, 1991.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-appellant-appellant on appeal.

Ray Keith Roark of Roark, Donovan, Praggastis, Rivers & Phillips, Hailey, for defendant-respondent-respondent on appeal.

SWANSTROM, Judge.

Claudia Cooper was charged with driving under the influence and reckless driving after she wrecked her car in Blaine County. A magistrate granted Cooper's motion to suppress the results of a breath test and statements made by her to law enforcement officers. The state appealed and the district court affirmed. The state appealed again. The questions we must determine are whether the magistrate erred in finding that Cooper was under "arrest" for purposes...

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