Monday, February 23, 2009

White Line Fever

State v. Sisson, no. 08-1072 (Iowa Ct. App. Feb. 19, 2009).

A Cedar Falls officer observed a vehicle weaving within its lane, and when the vehicle crossed white portion of the emergency line the vehicle was stopped. The driverconsented to field sobriety tests which were inconclusive because of wind conditions and a preliminary breath test which Sisson failed.  He moved to suppress the stop, arguing that the state did not have reasonable cause to stop his vehicle.
The court reviewed recent case law, in particular where the vheicle under observation crossed a painted median line. The court held that the totality of the circumstances indicated that reasonable suspicion that criminal activity was underway.

The takehome's clear. Let them cross a line.


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