Thursday, May 24, 2007

You Can Make All The Calls You Want

State v. Farlow, no. 06-1776 (Iowa Ct. App. May 9, 2007)

Farlow was arrested for DUI and asked the arresting officer whether he could make a phone call. He was informed he could call as many people as he liked on arrival at the police station. In possession of a working cell phone, Farlow made several calls and received calls. He was not, however, given the opportunity to use the telephone at the police station.

Defendant's motion to suppress evidence was overruled and he argued that there had been a violation of Iowa Code section 804.20because there was no specific opportunity to request a call.

The Court of appeals differed, finding that the defendant had all the opportunity he needed to make as many calls as he liked once he was so informed.


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