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.
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