STATE OF IOWA, Plaintiff-Appellee, vs. BRANDON MICHAEL MCCONNELEE, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 9-860 / 09-0467
Filed November 12, 2009
STATE OF IOWA,
Plaintiff-Appellee,
vs.
BRANDON MICHAEL MCCONNELEE,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Black Hawk County, James D. Coil,
Judge.
Brandon Michael McConnelee appeals from his conviction for secondoffense operating while intoxicated. AFFIRMED.
John J. Hines of Dutton, Braun, Staack & Hillman, P.L.C., Waterloo, for
appellant.
Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney
General, Thomas J. Ferguson, County Attorney, and Brook K. Jacobsen,
Assistant County Attorney, for appellee.
Considered by Eisenhauer, P.J., Potterfield, J., and Zimmer, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).
EISENHAUER, P.J.
Brandon Michael McConnelee appeals from his conviction for secondoffense operating while intoxicated.
He contends the district court erred in
denying his motion to suppress. We review alleged constitutional violations de
novo in light of the totality of the circumstances as shown by the entire record.
State v. Turner, 630 N.W.2d 601, 606 (Iowa 2001). “We give deference to the
district court’s fact findings due to its opportunity to assess the credibility of
witnesses, but we are not bound by those findings.” Id.
At approximately 3:00 a.m. on July 13, 2008, Deputy Sheriff Matthew
Harris observed McConnelee’s vehicle driving south on Raymond Road.
McConnelee appeared to be driving in the middle of the road, so the deputy
followed him for approximately one and a half to two miles. Deputy Sheriff Harris
observed McConnelee’s vehicle drive onto the center line no less than three
times. He then initiated a traffic stop. McConnelee admitted to having consumed
alcoholic beverages. A breath test showed a blood alcohol concentration of .161.
McConnelee filed a motion to suppress any evidence or statements
obtained after the traffic stop was initiated, alleging Deputy Sheriff Harris did not
have reasonable grounds to believe a criminal offense had been committed. The
district court denied the motion, finding the deputy had specific articulable facts
sufficient to establish a reasonable belief that McConnelee was operating a
motor vehicle while intoxicated. Following a trial on the minutes, McConnelee
was convicted of second-offense operating while intoxicated.
An officer may stop a vehicle for investigatory purposes when there is a
reasonable suspicion that a criminal act has occurred or is occurring. State v.
Kreps, 650 N.W.2d 636, 641 (Iowa 2002).
Upon our de novo review, we
conclude Deputy Sheriff Harris had a reasonable suspicion that a violation of
Iowa Code section 321.297 (2007) was occurring.
When he first observed
McConnelee’s vehicle, it was travelling down the middle of the road. He then
proceeded to watch McConnelee drive onto the center line on three separate
occasions in the course of driving one and a half to two miles.
Because the stop of McConnelee’s vehicle was proper, we affirm the
district court order denying the motion to suppress.
AFFIRMED.
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