State of Iowa v. Leon Kooima

833 N.W.2d 202, 2013 WL 3238574, 2013 Iowa Sup. LEXIS 78
CourtSupreme Court of Iowa
DecidedJune 28, 2013
Docket11–0738
StatusPublished
Cited by85 cases

This text of 833 N.W.2d 202 (State of Iowa v. Leon Kooima) 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. Leon Kooima, 833 N.W.2d 202, 2013 WL 3238574, 2013 Iowa Sup. LEXIS 78 (iowa 2013).

Opinions

WIGGINS, Justice.

The police received an anonymous tip reporting a drunk driver. The officer stopped the vehicle and arrested the driver for operating a motor vehicle while under the influence, second offense, in violation of Iowa Code section 321J.2 (2009). The driver contended the stop was illegal under the United States and Iowa Constitutions and moved to suppress the evidence obtained from the stop. The district court denied the motion, and the court found the driver guilty of the charge. The driver appealed, and we transferred the case to the court of appeals. The court of appeals affirmed the district court ruling on the motion to suppress. We took the case on further review. On further review, we find the stop was illegal under the Fourth Amendment of the United States Constitution. Thus, we need not decide whether the stop violated the Iowa Constitution. Accordingly, we suppress all evidence seized from the illegal stop. Moreover, we vacate the decision of the court of appeals, reverse the judgment of the district court, and remand for a new trial consistent with this opinion.

I. Facts.

On our de novo review, we find the facts are as follows. On Wednesday, June 16, 2010, Leon Kooima, along with five other men, left Rock Valley to attend a charity golf event in Okoboji. All six men rode together in a silver Chevrolet Suburban registered to Van Zee Enterprises of Rock Valley. After completing the course, Kooi-ma and the rest of the group attended a dinner and program in conjunction with the charity event.

Following the dinner, Kooima and the group left the golf course. Kooima drove [204]*204for the entirety of the return trip to Rock Valley. On the way back, Kooima made several stops. They visited two group members’ farms and one of their lake houses. Afterwards, a member of the group suggested going to the Doon Steakhouse. The group stopped there around 10:30 p.m. Another patron at the steakhouse was Craig Post.

After about an hour, Kooima and the rest of the group got into their vehicle to leave the steakhouse. Post subsequently called 911 at approximately 11:21 p.m. Post did not identify himself to the dispatcher. A transcript of the call details the following exchange:

Dispatcher: 911 where is your emergency?
Caller: [H]i, not sure if this is a serious emergency, but Pm not sure what other number to dial.
Dispatcher: [0]k, that’s fíne.
Caller: Um, please check cars in Doon area.
Dispatcher: Cars in the Doon area? Caller: Yeah.
Dispatcher: Ok.
Caller: BC229, BC229 silver suburban. Dispatcher: Ok, what’s it doing?
Caller: Um, carload of Rock Valley merchants, huge money guys.
Dispatcher: Ok.
Caller: And they are loaded, leaving Doon, and they are still sitting on curbside, ready to leave to Rock Valley. Dispatcher: Ok.
Caller: What bothers me is these guys get away with everything, cuz they know everybody in Rock Valley and they think they can do everything.
Dispatcher: You’re saying, you think they are drunk, you mean?
Caller: I know they are.
Dispatcher: Ok.
Caller: Everybody in the damn vehicle is..
Dispatcher: Ok and where are they at right now?
Caller: In Doon, on curbside, and Dispatcher: Like downtown or what? Caller: Yeah.
Dispatcher: Ok.
Caller: They are opening their doors to get the last passengers in and then they are leaving.
Dispatcher: Ok.
Caller: This includes people that own Van Zee Enterprises and they are on a golf outing and they think that they are home free.
Dispatcher: Gotcha.
Caller: And it bothers me a lot. Dispatcher: Ok, I can have somebody go check it out.
Caller: 10-4, get on that right away. Dispatcher: Alright.
Caller: And this thing is full of drunks. Dispatcher: Ok.
Caller: Thank you.
Dispatcher: You’re welcome, thank you. Caller: BC229.
Dispatcher: Got it.

A review of the audio tape reveals Post spoke in a monotone voice throughout the phone call.

The dispatcher then broadcast the following radio transmission:

Attention Sioux County cars possible [intoxicated driver] special attention Rock Valley, possible [intoxicated driver] license number BC229, vehicle is just leaving Doon at the moment, [reporting party] stated all occupants are [intoxicated and in] ... a silver 2009 Chevy Suburban registered to a Rock Valley address 2015 North Main, end of broad-cast....

[205]*205As Kooima drove over the hill into Rock Valley, he passed a parked police car operated by Officer Kyle Munneke. Approximately eight minutes passed from the time of the dispatch to the time Munneke saw the vehicle. Munneke followed Kooima all the way through town, staying a block to a bloek-and-a-half behind. During Mun-neke’s observations of the vehicle for approximately six blocks, the officer witnessed no traffic or equipment violations that would have provided an independent basis for the stop.

As Kooima turned west onto Highway 18, Officer Travis Ryan followed the vehicle for a block. Ryan did not observe the vehicle make any traffic or equipment violations. Based solely on the anonymous phone tip, Ryan initiated a stop at approximately 11:38 p.m. After Munneke approached the vehicle and Kooima asked the officer what was wrong, Munneke said the only reason for the traffic stop was the anonymous tip, which indicated there was a “carload of drunks on the way to Rock Valley.”

Kooima cooperated with the officers. Ryan detected the smell of alcohol on Kooima’s breath, so he conducted several field sobriety tests, including the horizontal gaze nystagmus test, the walk-and-turn test, and the one-legged-stand test. Because Kooima failed these tests and based upon the anonymous tip, Ryan arrested Kooima for operating while intoxicated and transported him to the Rock Valley Police Department. There, Kooima consented to a breath specimen. A breath test conducted at 1:15 a.m. revealed Kooima’s blood alcohol level was .088.

Other relevant facts are discussed below.

II.Prior Proceedings.

The State charged Kooima on July 1 with operating a motor vehicle while under the influence, second offense, in violation of Iowa Code section 321J.2. On July 22, Kooima moved to suppress all evidence obtained from the stop. Kooima contended the stop violated his constitutional rights guaranteed by the United States and Iowa Constitutions because the police acted upon an anonymous tip. The district court denied Kooima’s motion. Kooima then sought discretionary review, which we denied.

The case proceeded to a bench trial. The district court found Kooima guilty. Kooima appealed.

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Cite This Page — Counsel Stack

Bluebook (online)
833 N.W.2d 202, 2013 WL 3238574, 2013 Iowa Sup. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-iowa-v-leon-kooima-iowa-2013.