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Case No. 21-0496

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Shane Timothy Bakke

Appellee

State of Iowa

Appellant

Shane Timothy Bakke

Attorneys for Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorneys for Appellant

Robert G. Rehkemper

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0496
Date Published:
Jun 29, 2022
Summary

            Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (10 pages)

            Shane Bakke challenges the denial of his motion to suppress, arguing the stop of his utility vehicle (UTV) by a conservation officer, which was not supported by reasonable suspicion or probable cause, violated his constitutional rights—notwithstanding Iowa Code section 321I.27 (2020), which gives statutory authority for the stop.  OPINION HOLDS: The conservation officer’s stop of Bakke’s UTV was not supported by probable cause or reasonable suspicion, and the statute giving authority to conduct stops in section 321I.27 cannot transform the stop into a reasonable, constitutional action.  Therefore, the district court should have granted Bakke’s motion to suppress.  We reverse and remand to the district court for further proceedings.

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