State of Iowa
v.
Adam Mullen
Appellee
State of Iowa
Appellant
Adam Mullen
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
R.A. Bartolomei
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Boone County, Stephen A. Owen, Judge. REVERSED AND REMANDED. Heard by Ahlers, P.J., and Chicchelly and Buller, JJ. Opinion by Chicchelly, J. (13 pages)
On discretionary review, the State challenges the order suppressing evidence obtained following a traffic stop. OPINION HOLDS: I. The district court erred by ignoring a published decision of this court holding that law enforcement may obtain a search warrant in lieu of invoking the statutory implied consent procedure to obtain a sample for chemical testing. The district court’s ruling also conflicts with a recent Iowa Supreme Court decision holding that the Iowa Code authorizes search warrants for collection of bodily specimens and doing so does not violate due process and equal protection rights. II. The officer was not required to inform the defendant of his Miranda rights before questioning him during a traffic stop because the defendant was not in custody. We reverse the suppression ruling and remand for further proceedings.
