State v. Miller

818 N.W.2d 267, 2012 WL 2122644, 2012 Iowa App. LEXIS 431
CourtCourt of Appeals of Iowa
DecidedJune 13, 2012
DocketNo. 11-1420
StatusPublished
Cited by7 cases

This text of 818 N.W.2d 267 (State v. Miller) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Miller, 818 N.W.2d 267, 2012 WL 2122644, 2012 Iowa App. LEXIS 431 (iowactapp 2012).

Opinion

TABOR, J.

The State appeals from the dismissal of Brian Miller’s operating while intoxicated (OWI) charge, asserting that the timing of the trial information did not violate the speedy indictment rule. The success of that challenge hinges on whether Miller was “arrested” for OWI on the same day he was cited for interference with official acts.

Finding the result was dictated by the supreme court’s interpretation of Iowa Rule of Criminal Procedure 2.33(2)(a) in State v. Wing, 791 N.W.2d 243 (Iowa 2010), the trial court decided a reasonable person in Miller’s position would have believed he was under arrest for OWI and, accordingly, dismissed the belated trial information. This appeal requires us to consider how Wing applies to a situation where law enforcement arguably had probable cause to place the defendant under arrest for more than one offense.

Because officers manifested a purpose to arrest Miller for interference with official acts by issuing him a citation for that offense, but did not communicate an intention to arrest him for OWI, we conclude a reasonable person in Miller’s position would not have believed he had been taken into custody on that second offense. Accordingly, we reverse.

I. Background Facts and Procedures

On October 15, 2010, at around 5:30 p.m., Iowa State Patrol Trooper Brett Tjepkes saw a silver Chrysler sedan with severe front-end damage traveling south on Interstate 35. The trooper had earlier received a dispatch concerning a hit-and-run accident in the vicinity. He followed the car as it wove back and forth in the left-hand lane and pulled the vehicle over around mile marker 105 near Ames. Trooper Tjepkes observed that the driver, Brian Miller, “showed obvious signs of intoxication and impairment.” Miller appeared to have urinated on himself, slurred and mumbled when he spoke, ap[269]*269peared disoriented, and smelled like alcoholic beverages.

Miller barely pulled onto the right-hand shoulder of the road, leaving only a slight distance between his vehicle and the passing traffic. For safety reasons, Trooper Tjepkes asked Miller to shift to the passenger side so that their encounter would be away from the rush-hour congestion. The trooper also called for assistance from the Story County Sheriffs Department.

While the trooper was asking Miller if he had been using alcohol or drugs, Miller tried to open a pack of cigarettes. Because he was concerned that cigarette smoking could skew a breath test, Trooper Tjepkes warned Miller several times not to smoke and to put the pack down. Miller ignored him and continued reaching for a cigarette. As Trooper Tjepkes tried to confiscate the pack, Miller grabbed and struck the trooper’s hand. The trooper pulled Miller out of the vehicle, took him to the ground, and handcuffed his hands behind his back.

As the trooper walked Miller to the back of his squad car, Story County Deputy Sheriff Nicholas Lennie arrived on scene. Deputy Lennie noted heavy damage to the front and slight damage to the back of Miller’s vehicle, and observed that Miller appeared intoxicated. After Trooper Tjep-kes relayed the earlier events to him, Deputy Lennie agreed to take Miller to the Story County jail. Miller’s face was scraped from being forced to the ground; he complained of “nose pain” and requested medical attention. Miller also told the deputy that he had drugs, which had been prescribed to him, in his car. After reading Miller his Miranda rights, Deputy Lennie transported him to. the Story County Medical Center.

Miller grew belligerent after his arrival at the hospital.' As staff began screening him, he refused to cooperate and seemed confused. Deputy Lennie cuffed Miller’s arms to the bed rails and restrained him as he continued to flail on the bed. Miller threatened to hurt or kill the staff. When the medical technicians requested a urine sample, Miller continued to resist and refuse, despite repeated explanations that this sample was for medical purposes and law enforcement would not have access to it. After the medical staff inserted an IV into his left arm, Miller tried to pull it out with his teeth. Deputy Lennie reiterated that the tests were for medical purposes alone, and that they would not be used in a prosecution.1 Because of Miller’s continued refusal, staff catheterized him to obtain a urine sample, relying on deputies to hold down his legs. Miller repeated that he was “fucked up,” had been drinking, and said several times he would test positive for marijuana use. Staff also performed a CT scan, during which Miller again had to be restrained because of his physical resistance. Throughout his screenings he threatened medical personnel, was combative, and struggled to get free.

Deputy Lennie tried to read him the implied consent advisory, but Miller interrupted with statements that made “absolutely no sense.” Deputy Lennie believed Miller was incapable of understanding the advisory that was read to him. He could not carry on a dialogue with the deputy. [270]*270When asked whether he would sign the form, he answered in the negative. When asked if he was refusing to give a specimen, he said “no. I’m not refusing.” The officers and Miller repeated the exchange a few more times. When asked whether Miller wished to speak with legal counsel or family, he responded he had both but refused to give any information or contact them.

Dr. Joshua Rehmann, the on-duty emergency room physician, also testified Miller was more than uncooperative; his conduct showed he was “incapable of making sound medical decisions for himself at that time.”2 The doctor was concerned Miller’s involvement in a motor vehicle accident may have resulted in a closed-head injury or some other internal injury that caused Miller to make irrational decisions. On two occasions, hospital staff administered a sedative to help calm Miller.

The law enforcement officers decided to ask Dr. Rehmann to certify Miller was incapable of consenting to providing a bodily sample at that time. Dr. Rehmann agreed to sign a form stating it was his opinion that Miller was incapable of giving consent.3

Around 8:00 that night, medical staff withdrew specimens to turn over to law enforcement. Miller remained resistant. Because Dr. Rehmann felt Miller would not be safe in jail given his medical condition, the doctor suggested overnight hospitalization. The doctor obtained a forty-eight-hour committal order. At about 11:00 p.m., deputies transported Miller to Iowa Lutheran Hospital in Des Moines. Before Miller left the Story County medical center, Trooper Tjepkes issued him a citation for interference with official acts.4 The record does not show when Iowa Lutheran discharged Miller.

The state crime lab tested specimens of blood and urine taken from Miller. In a toxicology report issued on December 30, 2010, a criminalist documented that Miller’s urine specimen screened positive for tetrahydrocannabinol (THC), a psychoactive compound in marijuana. Another lab report dated January 26, 2011, confirmed the presence of THC in Miller’s urine specimen. A report dated January 14, 2011, indicated Miller’s blood sample showed an alcohol content of .246.

On March 10, 2011, the State filed a complaint charging Miller with OWI, second offense, in violation of section 321J.2, and issued a warrant for his arrest.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Iowa v. Dion Caldwell
Court of Appeals of Iowa, 2021
State of Iowa v. Joseph L. Bartlett
922 N.W.2d 104 (Court of Appeals of Iowa, 2018)
State of Iowa v. Delandres Thompson
Court of Appeals of Iowa, 2016
State of Iowa v. Joshua Bruce Mathes
Court of Appeals of Iowa, 2016
State of Iowa v. Cordero Robert Seals
Court of Appeals of Iowa, 2015
State of Iowa v. Robert Gerald Hoose
Court of Appeals of Iowa, 2014
State of Iowa v. John Penn-Kennedy
Court of Appeals of Iowa, 2014

Cite This Page — Counsel Stack

Bluebook (online)
818 N.W.2d 267, 2012 WL 2122644, 2012 Iowa App. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-miller-iowactapp-2012.