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STATE v. HOLTON

No. 23809.

975 P.2d 789 (1999)

132 Idaho 501

STATE of Idaho, Plaintiff-Respondent, v. Donald Karl HOLTON, Defendant-Appellant.

Supreme Court of Idaho. Boise, December 1998 Term

March 26, 1999.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender; Michael R. De Angelo, Deputy Public Defender, Boise, for appellant. Michael R. De Angelo argued.

Hon. Alan G. Lance, Attorney General; Kenneth M. Robins, Deputy Attorney General, Boise, for respondent. Kenneth M. Robins argued.

SILAK, Justice

This is an appeal from a denial of a motion to suppress evidence obtained by police through a warrantless search of the defendant's person.

I.

FACTS AND PROCEDURAL BACKGROUND

A. Facts

On July 19, 1996, at approximately 2:30 a.m., Donald Karl Holton (Holton) was stopped by Officer Ware of the Boise City Police Department on suspicion that Holton was driving while intoxicated. Officer Bones, a DUI task force specialist...

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