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Legal Opinion

State v. Green

Supreme Court of Iowa

Decided May 15, 1991No. 90-1545PublishedCited by 31 opinions

1Opinion of the Court

LAVORATO, Justice.

Under our implied consent law, must a peace officer make a written request for withdrawal of a body specimen when the person to be tested is incapable of consenting to or refusing chemical testing? The district court thought so and suppressed the results of a blood test because the officer did not make such a request. We reverse and remand for further proceedings consistent with this opinion.

Patricia Green was injured in a one-car accident. She was driving the car at the time. She was taken to the hospital because of her injuries. There a highway patrol trooper orally…

2Cases cited9 opinions

  1. State v. BarefieldWashington Supreme Court · 1988
  2. Probasco v. Iowa Civil Rights CommissionSupreme Court of Iowa · 1988
  3. State v. SchlemmeSupreme Court of Iowa · 1981
  4. State v. RichardsSupreme Court of Iowa · 1975
  5. Casteel v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 1986

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

3Cited by31 opinions

  1. State v. WiederienSupreme Court of Iowa · 2006
  2. State v. MitchellSupreme Court of Iowa · 1997
  3. IBP, Inc. v. HarkerSupreme Court of Iowa · 2001
  4. Holiday Inns Franchising, Inc. v. BranstadSupreme Court of Iowa · 1995
  5. State v. AhitowSupreme Court of Iowa · 1996

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

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