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STATE v. WULFF

No. 41179.

337 P.3d 575 (2014)

STATE OF IDAHO, Plaintiff-Appellant, v. Micah Abraham WULFF, Defendant-Respondent.

Supreme Court of Idaho, Boise, August 2014 Term.

October 29, 2014.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise for appellant. Kenneth K. Jorgensen , Deputy Attorney General argued.

Phelps & Associates, Spokane, for respondent. Douglas D. Phelps argued.

BURDICK, Chief Justice.

The State of Idaho appeals the Kootenai County district court's grant of Micah Wulff's motion to suppress evidence obtained in a warrantless blood draw. That blood draw took place after Wulff was in custody for driving under the influence. The district court held that the United States Supreme Court's holding in Missouri v. McNeely, 569 U.S. ___, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013) suggests that warrantless...

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