State of Iowa v. McMickle
Annotate this Case
In this case heard by the Supreme Court of Iowa, the defendant, Morgan Marie McMickle, was charged with operating a motor vehicle while intoxicated (OWI). McMickle was stopped by law enforcement after rear-ending another vehicle and leaving the scene. The investigating officer obtained a search warrant to collect a blood sample from McMickle for chemical testing, which showed a blood alcohol content over three times the legal limit. Additionally, McMickle repeatedly asked to speak to her lawyer but was denied. She later filed a motion to suppress evidence, arguing that the use of a search warrant instead of the statutory implied consent procedure violated her rights, and that her right to counsel was violated under Iowa Code section 804.20.
The district court granted McMickle's motion, determining that the officer's use of a search warrant was not authorized, that the officer had no statutory authority to collect and test bodily specimens, and that the officer's actions violated McMickle's constitutional rights to equal protection and due process. Additionally, the court found that the officer's refusal of McMickle's requests to speak to her lawyer violated her rights under section 804.20. As a result, the court ordered the suppression of McMickle's statements and the results of the blood test.
However, the Supreme Court of Iowa reversed the district court's decision. The court held that the statutory implied consent procedure was not the exclusive means by which an officer can investigate suspected OWI offenses, and that a law enforcement officer's decision to obtain and execute a search warrant did not violate a suspect's constitutional rights. The court also ruled that although McMickle's rights under section 804.20 were violated, the blood test results should not have been suppressed because they were obtained through a legally issued search warrant, independent of any violation of section 804.20. The case was remanded back to the lower court.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.