State v. Smith
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The Supreme Court affirmed Defendant's conviction, holding that the district court did not err in denying Defendant's motion to suppress the results of a chemical breath test where the officer administering the test allegedly violated Defendant's statutory right to obtain additional chemical testing.
On appeal, Defendant argued that the district court erred in denying his motion to suppress evidence allegedly obtained in violation of his statutory right under Iowa Code 321J.11. The statute creates a right for a detainee or arrestee to have an independent chemical test administered at the person's own expense in addition to any test administered at the direction of an officer. A detainee or arrestee invokes the statutory right by making "any statement that can be reasonably construed as a request for an independent chemical test." The Supreme Court affirmed, holding that substantial evidence supported the district court's finding that Defendant did not inquire about his right to take an independent test, and therefore, the district court did not err in denying Defendant's motion to suppress evidence.
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