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eBook details

• Title: Kent Berge v. Commissioner Public Safety
• Author : Western District Court of Appeals of Missouri
• Release Date : January 18, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

1. Where the trial court credits the uncontradicted testimony of the arresting officer as to the facts relating to the stop of a motor vehicle, the appellate court, in reviewing the trial courts decision as to the validity of the stop, should not use the "clearly erroneous" test but should analyze the testimony of the officer and determine whether, as a matter of law, his observations provided an objective basis for the stop; in this case the stop was valid because although the officer did not actually see the driver ren a stop sign, he contemporaneously observed facts which justified the inference that the driver did so.

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