Wednesday, April 08, 2009

And It's All On Tape.

State v. Kaufman, no. 08-0880 (Iowa Ct. App. April 8, 2009)

Observing Kaufman's car partially over the curb, the chief of police of Readlyn investigated and found Kaufman intoxicated and belligerent, giving a false name and alleging that nothing was going to happen to him because his father was on the city council. A Bremer County deputy arrived and administered field sobriety tests and a PBT on video subsequent to trying to escape.

Kaufman was arrested for OWI and interference.

Kaufman filed a motion in limine requesting that any mention of the PBT be stricken, but the trial court allowed the videotape evidence with the exception of the actual PBT results.

The court of appeals held that merely showing that a person was administered a PBT does not violate 321J5(2).

A certain police officer I know arrested a certain obnoxious and inebriated female and escorted her to a certain police station with his video equipment running. Parking the squad car, he left the video equipment and live mic running for about two hours while the female carried on and waxed, by turns, loquacious, sloppy drunk, coquettish, emotional, and revolting. Then just before the video equipment was shut off, a spectral voice says "And it's all on tape. Every bit of it."

You know who you are.


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