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Legal Opinion

State v. Oakley

Supreme Court of Iowa

Decided May 15, 1991No. 90-1307PublishedCited by 15 opinions

1Opinion of the Court

HARRIS, Justice.

A driver accused of operating a motor vehicle while intoxicated refused to submit to a blood test but did allow withdrawal of blood with the intention of submitting it for independent analysis. The specimen was left with the county sheriff. The question is whether the State could seize the specimen and have it analyzed for prosecution purposes. The trial court determined it could not and suppressed the test results. We reverse and remand.

Defendant Jerry Oakley requested he be allowed the independent test provided by Iowa Code section 321J.11 (1991). 1 The parties do not…

2Cases cited6 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. State v. OwensSupreme Court of Iowa · 1988
  4. United States v. Richard Clay ThompsonCourt of Appeals for the Fifth Circuit · 1988
  5. State v. ZossSouth Dakota Supreme Court · 1985

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

3Cited by15 opinions

  1. State of Iowa v. Randall Lee PalsSupreme Court of Iowa · 2011
  2. State v. RainsSupreme Court of Iowa · 1998
  3. State v. StanfordSupreme Court of Iowa · 1991
  4. State v. EldrenkampSupreme Court of Iowa · 1995
  5. State v. FrescolnCourt of Appeals of Iowa · 2017

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

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