Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Frescoln

Court of Appeals of Iowa

December 6, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
HUNTER NATHANIAL FRESCOLN, Defendant-Appellant.

         Appeal from the Iowa District Court for Polk County, Cynthia M. Moisan, District Associate Judge.

         Hunter Frescoln appeals the judgment and sentence entered following his conviction for operating while intoxicated (OWI), second offense. AFFIRMED.

          Robert G. Rehkemper III of Gourley, Rehkemper & Lindholm, P.L.C., West Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Jean C. Pettinger and Timothy M. Hau, Assistant Attorneys General, for appellee.

          Heard by Danilson, C.J., and Doyle and Mullins, JJ.

          DOYLE, Judge.

         Hunter Frescoln appeals the judgment and sentence entered following his conviction for operating while intoxicated (OWI), second offense. He challenges the district court order denying his motion to suppress the results of a chemical test showing his blood alcohol content was in excess of the legal limit.

         I. Background Facts and Proceedings.

         Ankeny Police Officer Jake Cusack initiated a traffic stop of the vehicle Frescoln was driving on the night of August 12, 2016. During the stop, Officer Cusack observed signs that Frescoln was intoxicated, and Frescoln admitted he had consumed two beers. While Frescoln performed field sobriety tests, Officer Cusack observed more signs that Frescoln was intoxicated. Frescoln refused to submit to a preliminary breath test. Officer Cusack transported Frescoln to the Pleasant Hill Police Department and secured a search warrant to seize a sample of Frescoln's blood for chemical testing, which showed Frescoln's blood alcohol content was .093.

         The State charged Frescoln with OWI, third offense. Frescoln moved to suppress the results of the chemical test, alleging the State violated his rights under Iowa Code chapter 321J (2016) and the Iowa Constitution. The district court denied the motion following a hearing. Frescoln waived his right to a jury trial, and the case was submitted to the court on the minutes of evidence. The court found Frescoln guilty of second-offense OWI and sentenced him to a period of not more than two years of incarceration with all but thirty days of the sentence suspended.

         II. Implied Consent Statute.

         The first question before us is whether a law enforcement officer has the option of obtaining a sample for chemical testing by either invoking the implied consent statute or obtaining a warrant. Frescoln asserts the Iowa legislature removed the option of obtaining a chemical sample by warrant when it enacted our implied consent laws. Under Frescoln's interpretation, an officer may only obtain a sample for chemical testing by following the procedure established by our implied consent statute.

         We review the district court's interpretation of our implied consent statute for the correction of errors at law. See State v. Lamoreux, 875 N.W.2d 172, 176 (Iowa 2016). We affirm if the district court's ruling correctly applied the law and substantial evidence supports its fact findings. See id.

         The United States and Iowa Constitutions prohibit unreasonable searches. See State v. Moriarty, 566 N.W.2d 866, 868 (Iowa 1997). "A warrantless search is presumed unreasonable." Id. To conduct a valid search without a warrant, it must fall under one of the recognized exceptions to the warrant requirement. See id. An exception to the warrant requirement exists when a person consents to allow the search. See id. However, obtaining a search warrant is the preferred method for conducting a constitutionally permissible search. See Terry v. Ohio, 392 U.S. 1, 20 (1968) ("We do not retreat from our holdings that the police must, whenever practicable, obtain advance judicial approval of searches and seizures through the warrant procedure . . . ."); State v. Ochoa, 792 N.W.2d 260, 285 (Iowa 2010) ("We have also generally endorsed the warrant-preference ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.