State of Iowa
v.
John Anthony Rapenske
Appellee
State of Iowa
Appellant
John Anthony Rapenske
Attorney for the Appellee
Olivia D. Brooks, Assistant Attorney General
Attorney for the Appellant
Becky Wilson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge. AFFIRMED. Considered by Ahlers, P.J., Badding, J., and Blane, S.J. Opinion by Ahlers, P.J. (9 pages)
John Rapenske appeals his conviction for operating while intoxicated, second offense, challenging the denial of his motion to suppress. Rapenske claims all evidence from a traffic stop should have been suppressed because the stop violated his Fourth Amendment right against unreasonable seizure. OPINION HOLDS: Although the investigating officer acted on second-hand information from a 911 caller who relayed information supplied by his wife who was following Rapenske, the officer had reasonable suspicion to stop Rapenske in this instance. So Rapenske’s Fourth Amendment rights were not violated, and the district court correctly denied the motion to suppress.
