Iowa Court of Appeals Holds That Police Officer Cannot Detain Occupants of a Vehicle Merely Because There Was Movement Inside of the Vehicle with Moisture on the Windows

Two individuals in a car after closing time were parked in a parking lot.  Police Officer while on routine patrol noticed two vehicles in a parking lot with their lights on.  The police officer could not tell if there were individuals inside the vehicles.  He continued on with his patrol and eventually drove by the same parking lot…

Iowa Supreme Court Holds That an Officer Was Obligated to Inform Defendant That Private, In-Person Attorney-Client Consultations Were Permitted on Site Once the Defendant Asked For, and Was Denied, Privacy During Teleconference with Attorney.

The Iowa Supreme Court revisited an arresting officer’s obligation to facilitate communications between an attorney and a person arrested for operating a motor vehicle while intoxicated.  The defendant in this case sought legal advice in determining whether to submit to a chemical breath test.  The defendant requested privacy during this telephone conference with his attorney. …