from the Iowa District Court for Woodbury County, Timothy T.
Jarman, District Associate Judge.
defendant appeals his conviction for second-offense operating
E. Wingert of Hall & Wingert, P.L.C., Sioux City, for
J. Miller, Attorney General, and Kevin Cmelik, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
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.
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.
started the 911 call placed to the Sioux City police
dispatcher around midnight. 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."
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.
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
the dispatch, Sioux City Police Officer Mackenzie Neely
spotted Naylor at West Third and Allan streets "right by
. . . Uncle Dave's bar. 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,