State of Iowa v. Dale Dean Pettijohn Jr.

I respectfully dissent and would affirm Dale Dean Pettrjohn Jr.’s conviction for drunken boating. The majority correctly 'holds that Officer William Wineland lawfully stopped the boat Pettijohn was operating on Saylorville Lake and that Petti-john’s warrantless breath test to measure his blood alcohol level satisfied the Fourth Amendment. The majority also correctly rejects Pettijohn’s theory that his “natural right” to use Iowa waterways limits the State’s power to criminalize drunken boating as it criminalizes drunken driving on Iowa roads. But I part company with the. majority’s…