State v. Hornik

CADY, Justice.

In this appeal, we consider whether the district court correctly sustained motions to suppress evidence of the defendant-ap-pellees’ breath alcohol concentration acquired through the use of the DataMaster cdm, a governmentally approved device for taking such measurements. Numerous defendants in Johnson County moved to suppress this evidence alleging the State had failed to ensure the device’s operation conformed to the Iowa Code and the Iowa Administrative Code. The district court sustained the motions, finding one of the statutory prerequisites for using the Data-Master was not…