Legal Opinion · Dissent

State of Iowa v. Leon Kooima

Supreme Court of Iowa

Decided June 28, 2013No. 11–0738Published

1DissentMansfield, Justice

I respectfully dissent. I believe the tip provided a sufficient basis for the stop of the vehicle under the standards we set forth in State v. Walshire and have reiterated here.

In Walshire, we upheld a stop based on an anonymous telephone tip that the defendant was driving in the median. We stated:

We believe the following factors distinguish this case from J.L.:(1) In this case the informant revealed the basis for his knowledge — he was observing a crime in progress, open to public view; (2) in the present case, a serious public hazard [drunk driving] allegedly existed that, in the view of…

2Cases cited14 opinions

  1. Alabama v. WhiteSupreme Court of the United States · 1990
  2. Florida v. J. L.Supreme Court of the United States · 2000
  3. Florida v. JLSupreme Court of the United States · 2000
  4. State v. GolottaSupreme Court of New Jersey · 2003
  5. Harris v. Com.Supreme Court of Virginia · 2008

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