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STATE v. COPELAND

No. 13668.

680 S.W.2d 327 (1984)

STATE of Missouri, Plaintiff-Appellant, v. Richard D. COPELAND, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing Overruled and to Transfer Denied November 2, 1984.

Application to Transfer Denied December 18, 1984.

Attorney(s) appearing for the Case

William J. Fleischaker, Pros. Atty., Joplin, for plaintiff-appellant.

Laurence H. Flanigan, Thad C. McCanse, William J. Lasley, Carthage, for defendant-respondent.

Motion for Rehearing Overruled and to Transfer to Supreme Court Denied November 2, 1984.

PREWITT, Chief Judge.

Defendant is charged with driving a motor vehicle while intoxicated. The state appeals from the trial court's order sustaining defendant's motion to suppress. See § 547.200, RSMo Supp.1983. At issue is whether the police's seizure without a warrant of a sample of defendant's blood from a hospital was improper under the fourth amendment to the...

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