Legal Opinion

State v. Marks

Court of Appeals of Iowa

Decided March 27, 2002No. 01-1066PublishedCited by 11 opinions

1Opinion of the CourtVogel, P.J.

The district court ruled that Lowell Marks’ field sobriety tests and Intoxilyzer test results should be suppressed as the former was given under threat of arrest and the latter conducted without reasonable grounds to invoke implied consent. The State was granted discretionary review and appeals both suppressions. We reverse.

Background facts. At approximately 2:00 a.m. on May 11, 2000, Officer Flecken-stein observed a speeding vehicle driven by Marks. The officer stopped the car and asked Marks to produce his driver’s license, registration, and proof of insurance. During that discourse,…

2Cases cited10 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. South Dakota v. NevilleSupreme Court of the United States · 1983
  4. State v. HowardSupreme Court of Iowa · 1993
  5. State v. SefcheckSupreme Court of Iowa · 1968

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Rowell v. StateCourt of Appeals of Georgia · 2011
  2. Martin v. State, Texas Court of Appeals, 10th District (Waco)2003
  3. State v. PickinpaughNebraska Court of Appeals · 2009
  4. John Cleveland Martin v. State, Texas Court of Appeals, 10th District (Waco)2003
  5. State of Iowa v. Amanda Ione Brainerd DelzerCourt of Appeals of Iowa · 2016

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