STATE v. HARLAN

No. 64061.

301 N.W.2d 717 (1981)

STATE of Iowa, Appellee, v. Terry Lee HARLAN, Appellant.

Supreme Court of Iowa.

February 18, 1981.


Attorney(s) appearing for the Case

Philip F. DeMoss, Sheffield, for appellant.

Thomas J. Miller, Atty. Gen., John P. Messina, Asst. Atty. Gen., and G. A. Cady, III, County Atty., for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, McGIVERIN, LARSON and SCHULTZ, JJ.


McGIVERIN, Justice.

The question here is whether a "seizure" implicating the fourth amendment occurred prior to the time a police officer observed indicia of defendant's intoxication that led to his arrest for operating a motor vehicle while under the influence of an alcoholic beverage (OMVUI). Defendant Terry Lee Harlan contends he was the victim of an unconstitutional investigatory stop and therefore evidence of his intoxication, including a breath test, should...

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