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State v. Naylor

Court of Appeals of Iowa

June 5, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
PHILLIP ORLANDO NAYLOR, Defendant-Appellant.

          Appeal from the Iowa District Court for Woodbury County, Timothy T. Jarman, District Associate Judge.

         A defendant appeals his conviction for second-offense operating while intoxicated.

          Nick E. Wingert of Hall & Wingert, P.L.C., Sioux City, for appellant.

          Thomas J. Miller, Attorney General, and Kevin Cmelik, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., and Tabor and Bower, JJ.

          TABOR, JUDGE.

         We are faced with the question whether an anonymous caller reporting a "drunk driver" offered sufficient reliable information to give police reasonable suspicion for an investigatory stop. Phillip Naylor appeals his conviction for operating while intoxicated, second offense, alleging the district court should have granted his motion to suppress evidence discovered after police pulled him over based on two 911 calls from the same unnamed source. Applying the tests in State v. Kooima, 833 N.W.2d 202, 208 (Iowa 2013), and Navarette v. California, 572 U.S. 393, 402-03 (2014), we find the details offered by the caller showed enough indicia of the driver's intoxication to warrant stopping his truck to investigate. Accordingly, we affirm the suppression ruling and resulting conviction.

         I. Facts and Prior Proceedings

I want to report a drunk driver and I can tell you his name and address and he just took off again drunk; he couldn't walk; he was fighting with a guy in the road, screaming and yelling and then took off in his car and he'll be back in a little bit.

         So started the 911 call placed to the Sioux City police dispatcher around midnight.[1] The anonymous caller described the driver's car and his direction of travel, but did not have a license plate number. When the dispatcher asked for the driver's name, the caller said: "It's Phil something . . . he lives on West Street the cops know, they've been there enough."

         The dispatcher assured the caller she would "broadcast it out" for the officers to start watching for the driver. The caller responded:

[I]f they could sit up at the corner of this on West Third, on the 1700 block; if they sat there and wait, he'll be pulling up anytime and he'll be getting out of the car and they'll be able to see him drive up and try to back in his spot and try to; I mean he couldn't even walk across the street when he was yelling at people, he ended up grabbing onto the street sign. . . . My kids play out here and he's drunk every day driving like this, but this is enough . . . but this is anonymous . . . so.

         Eleven minutes later, the same anonymous caller redialed 911 to tell the dispatcher that the driver had switched vehicles and was now in a maroon and silver Chrysler pickup. The caller noted: "I can't get the plate because of where he is parked . . . he left his driveway. . . . straight down West Third towards Hamilton."

         Hearing the dispatch, Sioux City Police Officer Mackenzie Neely spotted Naylor at West Third and Allan streets "right by . . . Uncle Dave's bar.[2] He was driving a silver and red Chevy pickup and somebody called him in saying that he could possibly be intoxicated. That is why I pulled him over." The State charged Naylor with operating while intoxicated, ...


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