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
Attorney for the Appellee
Genevieve Reinkoester, Assistant Attorney General
Attorney for the Appellant
Robert G. Rehkemper
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
