State of Iowa
v.
Timothy Douglas Seils
Appellee
State of Iowa
Appellant
Timothy Douglas Seils
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Robert G. Rehkemper
Supreme Court
Oral Argument Schedule
Non-Oral
Briefs
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge. REVERSED AND REMANDED. Heard by Potterfield, P.J., and Mullins and Bower, JJ. Opinion by Potterfield, P.J. (11 pages)
Timothy Seils challenges the district court’s denial of his motion to suppress following his conviction for operating while intoxicated, third offense. Seils maintains police officers (1) violated his constitutional rights when they searched his vehicle and (2) improperly invoked implied consent pursuant to Iowa Code section 321J.6 (2017) without satisfying the statutory conditions precedent. He asks that we reverse the district court’s denial of the motion to suppress and remand for new trial. OPINION HOLDS: Because the State failed to prove the implied-consent procedures had been satisfied at the time the trooper invoked Seils’s implied consent, the evidence of Seils’s refusal to test is not admissible. Additionally, the evidence obtained by the illegal search of Seils vehicle should been suppressed by the district court. We reverse the district court’s denial of Seil’s motion to suppress the evidence and remand for a new trial without the suppressed evidence.