State v. Davis

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The Supreme Court affirmed Defendant’s conviction of operating while intoxicated (OUI), second offense, holding that Defendant’s rights under Iowa Code 804.20 were not violated when a law enforcement officer denied Defendant’s request to call his wife until after sobriety testing occurred.Defendant was driving a motor vehicle when he was involved in an accident in the midst of a snowstorm. Because of the weather conditions, the law enforcement officer that responded to the scene transported Defendant to a protected location - the sally port of the nearby law enforcement center - for the completion of field sobriety testing. Before leaving the scene, Defendant asked to talk to his wife, but the request was denied. Defendant subsequently failed field sobriety tests. Defendant was later convicted of OUI. Defendant appealed, arguing that his rights were violated because he had been “restrained of his liberty” within the meaning of section 804.20 at the sally port. The Supreme Court affirmed, holding that Defendant’s rights under section 804.20 were not violated when the officer refused to allow Defendant the opportunity to speak with his wife until after field sobriety testing had been completed at the sally port because the sally port was a location for testing, not a “place of detention” within the meaning of section 804.20. View "State v. Davis" on Justia Law