Friday, July 03, 2009

Sioux County Confidential

State v. Vesper, no. 08-1076 (Iowa Ct. App. July 2, 2009)

Vesper was involved in an accident. Officers did not initially suspect him of being intoxicated and so did not invoke the implied consent procedure. An officer asked Vesper to provide a urine sample, opining that it might help him in the future if he'd nothing to hide, and Vesper assented.

Subsequently, the test of his urine sample showed he'd been using marijuana and Vesper was charged with O.W.I. second offense. He moved to suppress the evidence, which was denied. This appeal followed.

It was admitted that the officer had no reasonable suspicion to believe Vesper was under the influence but he asked for the sample anyway, suggesting that a test would be advantageous to Vesper. As a result of this, the district court's refusal to suppress the test results was overruled.

The object lesson is clear here. Get your reasonable cause, and your probable cause, and invoke the implied consent like you're supposed to.


Post a Comment

<< Home