from the Iowa District Court for Warren County, Kevin A.
Parker, District Associate Judge.
defendant challenges the denial of his motion to suppress
following his conviction for operating while intoxicated,
G. Rehkemper of Gourley, Rehkemper & Lindholm, PLC, West
Des Moines, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
by Potterfield, P.J., and Mullins and Bower, JJ.
POTTERFIELD, PRESIDING JUDGE.
Seils challenges the district court's denial of his
motion to suppress following his conviction for operating
while intoxicated, third offense. Seils maintains police
officers (1) violated his constitutional rights when they
searched his vehicle and (2) improperly invoked implied
consent pursuant to Iowa Code section 321J.6 (2017) without
satisfying the statutory conditions precedent. He asks that
we reverse the district court's denial of the motion to
suppress and remand for new trial.
Background Facts and Proceedings.
night of January 26, 2017, Erin Goering called 911 and
reported a white Chevrolet Silverado truck that was
"swerving all over the road [at] a very high
speed." Goering was a passenger in a vehicle that
continued to follow the truck for approximately ten minutes.
During that time, she stayed on the phone with dispatch,
reporting the truck was passing other cars aggressively,
failing to stay between the lines, and alternating between
driving at high rates of speed and braking. Goering remained
on the line until the Iowa State Trooper who was dispatched
to find the truck drove past them. She ultimately reported to
dispatch that she lost sight of the truck but that a number
of vehicles were taking the next exit-the St. Charles
exit-and the truck could be one of them.
Jonathan Salesberry was near the location reported by
Goering. He located a vehicle that matched the description as
the vehicle took the St. Charles exit. At the top of the exit
ramp, Trooper Salesberry witnessed the vehicle take a
right-hand turn too wide, veering into the lane of oncoming
traffic before correcting. Almost immediately after, the
truck signaled it was going to turn into a driveway, and
Salesberry activated the emergency lights on his squad car.
The driver of the truck, who officers later determined was
Seils, continued driving-making the turn into the driveway,
driving "a couple hundred feet" down the driveway,
and then pulling into the garage. Trooper Salesberry and
Seils exited their respective vehicles, and Salesberry
instructed Seils to come out of the garage and talk to him.
According to Salesberry's later testimony, he immediately
noticed that Seils's "gait or balance was a little
bit off." He also noticed Seils had "bloodshot and
watery eyes," "an odor of alcoholic beverage coming
from him," and had to lean on Salesberry's squad car
a few times while he was standing in the driveway.
about the same time, Troopers Darren Flaherty and Deborah
Stine each pulled into the driveway behind Salesberry's
squad car. Because Trooper Salesberry was outside of his
district, he asked Trooper Flaherty to take over the
investigation for operating while intoxicated (OWI).
Flaherty asked Seils to complete some field sobriety tests,
which Seils refused to do. Then, as Flaherty walked back
toward his squad car to place his OWI booklet in it, Seils
began walking toward the door of his home. Trooper Flaherty
ordered him to stop, and Seils broke into a run, getting
partway into his home before Flaherty pulled him back out and
got him to the ground. With the assistance of Salesberry and
Stine, Flaherty placed Seils in handcuffs. Seils asked,
"Are you seriously arresting me," and Flaherty
responded, "Yes, I am." Seils was told, "Now
you're going for interference" and was placed in
Flaherty's squad car.
Seils was handcuffed and seated in the squad car, Troopers
Salesberry and Stine entered Seils's garage and went into
his truck, finding and removing a six-pack of beer from the
passenger compartment. At least one of the beer bottles was
open and partially empty.
Flaherty then transported Seils to a local jail, where he
invoked Seils's implied consent to a ...