Alex Wayne Westra v. Iowa Department of Transportation

APPEL, Justice (dissenting).

I respectfully dissent. The majority opinion in its very first paragraph starts *767out on the wrong foot when it declares that the question in this case is whether we are going to reverse direction in light of Fourth Amendment precedent. But that is not the question at all. The question is whether Fourth Amendment precedent is sufficiently well-reasoned for us to follow the Fourth Amendment approach under Iowa constitutional law.

Article I, section 8 of the Iowa Constitution provides,

The right of the people to be secure in their persons, houses, papers and effects,…