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Case No. 18-0481

State of Iowa
Timothy Douglas Seils


State of Iowa


Timothy Douglas Seils

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Robert G. Rehkemper

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 15, 2019

            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.

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