State v. Malloy

SACKETT, Judge.

Defendant-appellant Lawrence Gerald Malloy appeals his conviction of operating a motor vehicle while intoxicated, in violation of Iowa Code section 321J.2 (1987). He contends the officers who stopped him did not have probable cause to do so. As defendant is alleging his constitutional rights were violated, our review of the facts is de novo. State v. Lamp, 322 N.W.2d 48, 50 (Iowa 1982). We affirm the district court decision.

At approximately 1:45 a.m. on March 29, 1988, the defendant was operating a motor vehicle at an intersection in the city of Cedar Rapids. Two members of the…