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Case No. 17-0637

State of Iowa
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.

Trial Court Case No.:


State of Iowa


Robert A. Davis

Attorney for the Resister

Timothy M. Hau

Attorney for the Applicant

Kent A. Simmons

Supreme Court

Oral Argument Schedule


Nov 14, 2018 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Jan 18, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 02, 2018

Other Information

Date Further Review is Granted:
Sep 13, 2018

View archived opinions from prior to November 2017

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