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STATE v. PALMER

No. 95-1458.

554 N.W.2d 859 (1996)

STATE of Iowa, Appellant, v. William Albert PALMER, Appellee.

Supreme Court of Iowa.

September 18, 1996.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Susan M. Crawford, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Kasey Wadding, Assistant County Attorney, for appellant.

Carter Stevens of Beecher, Rathert, Roberts, Field, Walker & Morris, P.C., Waterloo, for appellee.

Considered by HARRIS, P.J., and LARSON, LAVORATO, NEUMAN, and TERNUS, JJ.

TERNUS, Justice.

Appellee, William Albert Palmer, was charged with operating a motor vehicle while intoxicated in violation of Iowa Code section 321J.2 (1995). The district court granted Palmer's motion to suppress the results of a breath test administered after his arrest on the ground the arresting officer was not a "peace officer" as required by Iowa Code section 321J.6. We granted the State's application for interlocutory appeal and now affirm.

I.

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