Case No. 17-0637

State of Iowa
v.
Robert A. Davis

Defendant appealed from his conviction for operating while intoxicated (second offense), contending the district court erred in denying his motion to suppress the results of a chemical breath test. Defendant asserted that his rights under Iowa Code section 804.20 to communicate with a family member or attorney were triggered when the officer elected to detain and, due to inclement weather, to transport him back to the jail for field sobriety testing. Defendant contended that, because the officer did not allow him to communicate with his attorney until after his arrest for OWI following the sobriety tests, defendant’s subsequent decision to submit to the chemical breath test was tainted and should be suppressed as “fruit of the poisonous tree.” The court of appeals affirmed, finding the statute was not triggered until after defendant was arrested for OWI at the jail. Defendant seeks further review.

County:

Muscatine

Trial Court Case No.:

OWCR052837