STATE v. HARRIS

No. 07-0045.

763 N.W.2d 269 (2009)

STATE of Iowa, Appellant, v. Remie Phil HARRIS, Appellee.

Supreme Court of Iowa.

Rehearing Denied April 6, 2009.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, John P. Sarcone, County Attorney, and Jess W. Vilsack, Assistant County Attorney, for appellant.

Matthew Lindholm of Gourley Rehkemper & Lindholm, PLC, Des Moines, for appellee.


PER CURIAM.

In this interlocutory appeal, the State seeks review of a district court ruling suppressing the results of a blood test drawn from the defendant, Remie Harris, without a search warrant. The blood test was administered following a single-vehicle accident wherein the defendant struck and killed a pedestrian. The trial court suppressed the blood sample and test result on the ground the State had failed to establish "the peace officer reasonably believe[d...

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