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Case No. 20-1549

State of Iowa
Santos Rene Torres

Santos Rene Torres seeks further review of the court of appeals opinion affirming his conviction for operating a motor vehicle while intoxicated, second offense. In determining the district court properly denied Torres’s motion for suppression of evidence, the court of appeals first found the officers were reasonable when they restricted Torres’s movements while they finished their child-endangerment investigation at his home and before they had reasonable suspicion to investigate him for OWI. The court further determined the officers were acting as community caretakers under the exigent circumstances present in this case; therefore, Torres’s Fourth Amendment rights were not violated.



State of Iowa


Santos Rene Torres

Attorney for the Resister

Genevieve Reinkoester

Attorney for the Applicant

Benjamin Bergmann

Supreme Court

Oral Argument Schedule


Oct 12, 2022 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Apr 07, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 25, 2022

            Appeal from the Iowa District Court for Warren County, Brendan Greiner and Kevin Parker, District Associate Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  Partial Dissent by Vaitheswaran, P.J.  (21 pages)

            Santos Rene Torres appeals his conviction for operating a motor vehicle while intoxicated, second offense.  He contends the district court should have granted his suppression motion, arguing an illegal seizure and a Miranda violation.  Alternatively, he contends there was insufficient evidence of intoxication to support his conviction.  OPINION HOLDS: Police were lawfully in the Torres home conducting a child-endangerment investigation.  During that investigation, officers acquired reasonable suspicion that Torres had been driving while intoxicated.  Torres was not subject to custodial interrogation.  So the district court correctly denied the suppression motion.  Finally, the State’s evidence supported the district court’s determination of guilt.  PARTIAL DISSENT ASSERTS: I agree there was substantial evidence to support the district court’s determination that Torres operated a motor vehicle while intoxicated.  But I would reverse the suppression ruling.

Other Information

Date Further Review is Granted:
Jul 21, 2022
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