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Title: State Idaho v. James C. Armbruster
Author : Court of Appeals of Idaho No. 17700
Release Date : January 11, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

James Armbruster entered a conditional plea of guilty to the misdemeanor offense of driving under the influence of alcohol.
I.C. § 18-8004. By entry of this conditional plea, Armbruster reserved the right to appeal the magistrate's order
denying the suppression of the blood-alcohol tests. We are asked to decide whether probable cause existed to arrest Armbruster
and to request that he take a blood-alcohol test. After considering the issue, we affirm the district court's decision upholding
the magistrate's order denying suppression of the test results. On appeal, our review of probable cause determinations is bifurcated. We defer to the lower court's findings of fact when
supported by substantial evidence. However, we exercise de novo review over the question whether the facts as found constitute
probable cause. State v. Middleton, 114 Idaho 377, 757 P.2d 240 (Ct.App.1988). "Reasonable or probable cause has been defined
as information that 'would lead a man of ordinary care and prudence to believe or entertain an honest and strong suspicion
that such person is guilty." State v. Alger, 100 Idaho 675, 677, 603 P.2d 1009, 1011 (1979).

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