STATE v. STROUD

No. 66326.

314 N.W.2d 437 (1982)

STATE of Iowa, Appellant, v. Daniel Wayne STROUD, Appellee.

Supreme Court of Iowa.

January 20, 1982.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., John P. Messina, and Merle W. Fleming, Asst. Attys. Gen., and W. Edward Anstey, Appanoose County Atty., for appellant.

Patrick R. Grady, Asst. State Appellate Defender, for appellee.

Considered by REYNOLDSON, C. J., and UHLENHOPP, HARRIS, McGIVERIN and SCHULTZ, JJ.


HARRIS, Justice.

In a pretrial motion to suppress, and at trial, defendant objected to certain evidence (video tape and breath test results) on the grounds that defendant was informed of neither his Miranda rights nor of his statutory right to communicate with counsel or family under section 804.20, The Code 1979, before submitting to the breath test pursuant to section 321B.3, The Code. The evidence was received and defendant renewed his position in a post...

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