Sunday, November 26, 2006

Two Attorney Calls Reasonable Opportunity To Contact Counsel

In State v. Allsup, 05-1174 (November 16, 2006), Allsup and Kalbach (about whom, more anon) were racing their pickup trucks in Dallas County when they smashed into a train.

Allsup was taken to the hospital where the deputy requested a urine sample. After two attempts to contact attorneys, Allsup agreed to the urine sample which revealed a BAC of 0.141. At trial Allsup sought to exclude the results of the urine test for obvious reasons, but having failed to argue that he was incapable of consent, the Court of Appeals rejected his argument.

It was held that the deputy had complied with the requirements of Iowa Code section 804.20 which requires that a peace officer must give an arrestee a reasonable opportunity to contact an attorney or a family member. The right is limited to circumstances which will not materially affect the two hour time limit of 321J.6(2).


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