State v. Davis

McGIVERIN, Chief Justice.

The real question here is whether after an arrest of the defendant for operating while intoxicated a police officer can “unarrest” the defendant and release him, and thus stop the ticking of the forty-five day clock requiring speedy indictment of defendant under Iowa rule of criminal procedure 27(2)(a).

The district court believed the forty-five day clock cannot be so stopped and dismissed the case. We agree and therefore affirm its ruling.

I. Background facts and proceedings. On April 9, 1993 defendant Robert F. Davis was arrested on a public street by a deputy sheriff…