from the Iowa District Court for Polk County, Gregory D.
Brandt, District Associate Judge.
defendant appeals his conviction for third-offense operating
while intoxicated challenging the suppression ruling.
J. Rothman of McEnroe, Gotsdiner, Brewer, Steinbach &
Rothman P.C., West Des Moines, for appellant.
J. Miller, Attorney General, and Genevieve Reinkoester,
Assistant Attorney General, for appellee.
by Doyle, P.J., and Tabor and Schumacher, JJ.
Colocho appeals his conviction for third-offense operating a
vehicle while intoxicated. During a traffic stop, a police
officer accommodated Colocho's request to urinate before
he performed field sobriety tests. The officer took Colocho
to the police station, but after he used the restroom he
refused sobriety testing and instead requested an attorney.
The officer spurned the request, saying "you don't
call your lawyer in the middle of a traffic stop."
Colocho moved to suppress evidence from the stop, and the
district court found the officer violated Iowa Code section
804.20 (2018). But the court also found the officer cured
that violation by later advising Colocho of his rights. The
court found Colocho's refusal to take the DataMaster test
to be admissible. Colocho stipulated to the minutes of
testimony, and the court found him guilty. He now appeals
contesting the suppression ruling.
the officer's delayed advisory of Colocho's rights
satisfied the purpose of section 804.20 and, alternatively,
because any violation was harmless error, we affirm.
Facts and Prior Proceedings
2:00 a.m. on a Saturday in April 2018, West Des Moines Police
Officer Blake Mills saw a Hyundai Sonata strike a raised
median as the car turned onto Mills Civic Parkway. As the
officer followed the car, he noticed it swerving within the
lane of traffic and even leave the lane a few times. Once the
car neared the interstate, it came to a full stop at a yellow
light-half in the turning lane and half into the curb marked
by white lines. The driver-who the officer later identified
as Colocho-then negotiated a U-turn but veered too wide and
"both passenger tires went up and over the curb and
began riding through the grass on the outskirts of the
point, Officer Mills turned on his blue lights, and Colocho
pulled over. The officer asked Colocho to perform field
sobriety tests. But, according to Mills, Colocho was
"very uncooperative and continually stated he had to pee
and would not move beyond that train of thought." The
officer told Colocho he would take him to the police station
so he could use the restroom. Officer Mills testified he did
not want Colocho to urinate on the side of the road in
public. The officer patted Colocho down, handcuffed him, and
placed him in back of the patrol car.
arriving at the police station, the officer's body camera
showed him usher Colocho through two sets of secured doors.
Another officer opened a third door for them to enter. Once
inside the station's hallway, Mills again patted down
Colocho before removing his handcuffs. Mills then allowed
Colocho to use the restroom under his close supervision.
that, the officer moved Colocho further inside the station
where he again asked Colocho to perform field sobriety tests.
Colocho first complied by placing his feet together and arms
to his sides. Officer Mills asked Colocho to maintain that
position. In response, Colocho said he did not understand the
directions. Colocho then started speaking Spanish and asked
for a lawyer.
Mills told Colocho he was asking him to perform the same
tests he would have conducted at the roadside and he could
not call his lawyer in the middle of the traffic stop. The
officer informed Colocho ...