Legal Opinion

State v. Fischer

Supreme Court of Iowa

Decided July 23, 2010No. 09-0338PublishedCited by 39 opinions

1Opinion of the Court

CADY, Justice.

In this appeal, we must decide if a law enforcement officer can use a computer screen to make a “written request” to withdraw a bodily substance for testing from a driver suspected of operating while intoxicated. We conclude a computer screen satisfies the statutory requirement of a “written request.” We reverse the decision of the district court and remand the ease for further proceedings.

I. Background Pacts and Proceedings.

On October 6, 2008, at approximately 7:40 a.m., State Trooper Joseph Scott stopped a vehicle driven by Jeffrey Alan Fischer in Crystal Lake, Iowa, because…

2Cases cited16 opinions

  1. Gottschalk v. SueppelSupreme Court of Iowa · 1966
  2. State v. HitchensSupreme Court of Iowa · 1980
  3. State v. GarciaSupreme Court of Iowa · 2008
  4. State v. SchlemmeSupreme Court of Iowa · 1981
  5. State v. CharlsonSupreme Court of Iowa · 1967

11 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. The Sherwin-williams Company Vs. Iowa Department Of RevenueSupreme Court of Iowa · 2010
  2. Toby Joseph Welch v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 2011
  3. State of Iowa v. Dale Dean Pettijohn Jr.Supreme Court of Iowa · 2017
  4. In the Interest of J.c, Minor Child. D.C., FatherSupreme Court of Iowa · 2014
  5. State of Iowa v. Iowa District Court for Scott CountySupreme Court of Iowa · 2017

34 more not listed; retrieve them via the Exa API.

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