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Case No. 20-0445

State of Iowa
v.
Matthew Robert Sewell

Defendant appeals from the judgment and sentence entered on his conviction for operating while intoxicated (first offense). See Iowa Code § 321J.2 (2019). He contends the district court erred in denying his motion to suppress the results of his breath test from evidence. He argues: (1) he had a statutory right under Iowa Code section 804.20 to a confidential telephonic consultation with his attorney which law enforcement violated by monitoring and recording the conversation; (2) the monitoring and recording by police of his phone consultation with his counsel violated his rights under article I, sections 9 and 10 of the Iowa Constitution; and (3) the appropriate remedy is dismissal of the charges.

County:
Dickinson

Appellee

State of Iowa

Appellant

Matthew Robert Sewell

Attorney for the Appellee

Louis S. Sloven

Attorney for the Appellant

Robert G. Rehkemper

Supreme Court

Oral Argument Schedule

15-15-5

Feb 17, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
20-0445
Date Published:
Jun 04, 2021
Date Amended:
Aug 25, 2021

Other Information

Date Retained:
Dec 28, 2020

View archived opinions from prior to November 2017

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