State of Iowa v. Carrie McIver

858 N.W.2d 699, 2015 Iowa Sup. LEXIS 6
CourtSupreme Court of Iowa
DecidedJanuary 9, 2015
Docket13–1106
StatusPublished
Cited by86 cases

This text of 858 N.W.2d 699 (State of Iowa v. Carrie McIver) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Iowa v. Carrie McIver, 858 N.W.2d 699, 2015 Iowa Sup. LEXIS 6 (iowa 2015).

Opinions

CADY, Chief Justice.

In this appeal from a judgment and sentence entered by the district court against a motorist for operating while intoxicated, first offense, we must first decide if the peace officer made a valid stop under the Fourth Amendment to the United States Constitution and article I, section 8 of the Iowa Constitution. If the stop was valid, we must then decide if a peace officer is required to offer a blood or urine test instead of a breath test to a motorist reasonably suspected of driving under the influence of a controlled substance or a drug other than alcohol. We find the stop was valid. We also conclude our legislature did not intend for the implied consent law to mandate a blood or urine test under such circumstances, but only intended to impose the implied consent penalty of license revocation for motorists suspected of driving under the influence of drugs other than alcohol who refuse to submit to a blood or urine test when requested by a peace officer. We conclude the district court properly overruled the pretrial motions to suppress the evidence, and we affirm the judgment and sentence of the district court.

I. Background Facts and Proceedings.

In the early morning hours of October 14, 2012, an experienced Polk County Sheriffs sergeant observed a pickup truck stopped in a parking lot of an eastside Des Moines business located on Northeast 14th Street. The parking lot was located in [701]*701front of the building and was separated from the road by an area of grass and a sidewalk that ran parallel to the street. The entrance and exit to the parking lot was located on an adjacent side street. The headlights of the pickup truck were illuminated, and the business was closed.

As the sergeant positioned his squad car to investigate, the pickup truck was driven from the parking lot onto Northeast 14th Street by traveling over the grassy area, down the sidewalk for a brief period of time, and then over the curb of the street. The sergeant followed the pickup truck in his squad car and initiated a traffic stop after further observing the pickup truck weaving within its lane of travel. As it pulled over, the right side of the pickup went over the curb of the street.

During the stop, the sergeant discovered the pickup was driven by Carrie Mclver. Her speech was slurred, and she was slow to respond to the sergeant’s request for information. There were three passengers in the pickup, including Mclver’s husband.

The sergeant had Mclver perform a variety of field sobriety tests. She failed most of the tests, but the sergeant did not detect any odor of an alcoholic beverage on her breath. He also attempted to administer several preliminary breath tests, but was unable to obtain a reading. The sergeant felt Mclver was attempting to manipulate the test. She eventually refused further preliminary testing. The sergeant arrested Mclver for improper use of lanes in violation of Iowa Code section 321.306 (2013).1 She was transported to the Polk County Jail for processing by a Polk County deputy.

At the jail, the transporting deputy invoked the implied consent law and requested Mclver submit to a breath test. She refused and requested a blood test be performed instead. Mclver informed the deputy she wanted a blood test because she was taking prescription medication, including a central nervous system depressant. She denied that she had been drinking alcoholic beverages, although the deputy detected a slight odor of alcohol emanating from Mclver. The deputy informed Mclver that she could obtain a blood test after submitting to a breath test. She continued to refuse a breath test and insisted on a blood test. The deputy continued to insist on a breath test. As a result, no test was administered. Three prescription bottles- were found in Mclver’s purse, including the prescription for a central nervous system depressant.

Mclver was subsequently charged with operating while intoxicated, first offense. She moved to suppress the evidence against her, claiming the stop was made without probable cause or reasonable suspicion in violation of the United States and Iowa Constitutions. She also claimed the implied consent statute was violated when the deputy failed to administer a blood test after acquiring reasonable grounds to believe she was impaired by a prescription drug.

The district court denied the motions to suppress. Mclver then waived her right to a trial by jury and stipulated to a trial on the minutes of testimony. The district court found Mclver guilty of operating while intoxicated, first offense, and sentence was imposed.

Mclver appealed. She claims on appeal that the district court erred in failing to suppress the evidence against her because there was no reasonable suspicion for the stop and the implied consent law was violated when the officer failed to request a blood or urine test.

[702]*702II. Standard of Review.

We review constitutional issues de novo. State v. Baldon, 829 N.W.2d 785, 789 (Iowa 2013). Our review of issues involving interpretation of a statute is for correction of errors at law. State v. Lukins, 846 N.W.2d 902, 906 (Iowa 2014).

III. Validity of Stop.

Mclver asserts the stop of the vehicle she was driving violated her right to be free from unreasonable search and seizure under the Fourth Amendment to the United States Constitution and article I, section 8 of the Iowa Constitution. We follow an independent approach in the application of our state constitution. State v. Pals, 805 N.W.2d 767, 771 (Iowa 2011). However, when a party does not argue an independent approach, “we ordinarily apply the substantive federal standards but reserve the right to apply the standard in a fashion different from federal precedent.” State v. Tyler, 830 N.W.2d 288, 291-92 (Iowa 2013). Mclver does not articulate any distinction in the scope and effect of the two constitutional provisions. Therefore, we consider the constitutional provisions separately, but proceed to apply them in the same manner for the purpose of resolving the claim in this case.

A traffic stop is permissible under our Iowa and Federal Constitutions when supported by probable cause or reasonable suspicion of a crime. Delaware v. Prouse, 440 U.S. 648, 654-55, 99 S.Ct. 1391, 1396-97, 59 L.Ed.2d 660, 667-68 (1979); Pals, 805 N.W.2d at 774; State v. Tague, 676 N.W.2d 197, 201, 204 (Iowa 2004). Probable cause of a crime supports an arrest, while reasonable suspicion of a crime allows a peace officer to stop and briefly detain a person to conduct a further investigation. See Tague, 676 N.W.2d at 201, 204. When a peace officer observes any type of traffic offense, the violation establishes both probable cause to stop the vehicle and reasonable suspicion to investigate. State v. Harrison, 846 N.W.2d 362, 365 (Iowa 2014).

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Bluebook (online)
858 N.W.2d 699, 2015 Iowa Sup. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-iowa-v-carrie-mciver-iowa-2015.