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U.S. v. PLUMER

No. 95-M-9251-01.

920 F.Supp. 151 (1996)

The UNITED STATES of America, Plaintiff, v. Brian K. PLUMER, Defendant.

United States District Court, D. Kansas.

February 27, 1996.

Attorney(s) appearing for the Case

James H. Robinette II, Special Assistant U.S. Attorney, Ft. Riley, Kansas, for plaintiff.

Leslie F. Hulnick, Wichita, Kansas, for defendant.

ORDER

REID, United States Magistrate Judge.

On December 22, 1995, defendant filed a motion to suppress. A response was filed on January 26, 1996. An evidentiary hearing was held on this motion on February 16, 1996.

In order to introduce the results of a breath test, the prosecution must lay a foundation showing that the testing machine was operated according to the manufacturer's operational manual and any regulations set forth by the Department...

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