Monday, July 06, 2009

Smile-You're On Candid Camera

State v. Bush, no. 08-0881 (Iowa Ct. App. July 2, 2009)

Bush was stopped on July 6, 2006 in response to a citizen tip and officers found a crack pipe in his truck. He was taken to a hospital because he informed officers that he did not have his anti seizure meds, and there the officers invoked implied consent obtaining a breath and urine sample. The breath sample produced no results, but when the urine sample was returned it indicated use of marijuana. Bush was arrested for OWI on August 29 and Bush was charged by trial information with OWI on October 6, 2006.

Bush argued that his right to a speedy indictment was violated but that claim was rejected. The state, in an excess of diligence, reopened the record on March 13, 2007 because it learned of the existence of a videotape of the vehicle stop which was potentially relevant to Bush's motion to dismiss.

The trial court found, and the district court affirmed, that he had not been arrested on July 6, 2006 for operating while intoxicated, although he was arrested for possession of narcotics and/or paraphernalia at that time. There was no evidence he'd been cited for OWI.

Videotape is a wonderful thing, isn't it?


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