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STATE v. FOSTER

No. SD 32181.

392 S.W.3d 576 (2013)

STATE of Missouri, Appellant, v. Harry Don FOSTER, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

March 20, 2013.

Attorney(s) appearing for the Case

Chris Koster , Atty. Gen., Timothy William Anderson , Asst. Atty. Gen., Jefferson City, for Appellant.

Daniel T. Moore & John Michael Albright, Poplar Bluff, for Respondent.

DANIEL E. SCOTT, P.J.

The state appeals from an order suppressing evidence, asserting two related theories for reversal. Neither is persuasive. We affirm the trial court's order.

Background1

Officers James and Parsley were patrolling late at night, looking for drunk drivers. Up ahead, a car driven by Foster signaled and turned right. The officers followed. The car's left tires crossed the centerline twice in less...

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