STATE v. BAILEY

No. 89-477.

452 N.W.2d 181 (1990)

STATE of Iowa, Appellee, v. Scott R. BAILEY, Appellant.

Supreme Court of Iowa.

February 21, 1990.


Attorney(s) appearing for the Case

Brad McCall, Newton, for appellant.

Thomas J. Miller, Atty. Gen., Thomas S. Tauber, Asst. Atty. Gen., Michael W. Mahaffey, County Atty., and John L. Thompson, Asst. County Atty., for appellee.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN and ANDREASEN, JJ.


CARTER, Justice.

Defendant, Scott Russell Bailey, appeals his conviction of OWI (second offense) in violation of Iowa Code section 321J.2 (1987). He contends that the evidence against him was obtained through an improper investigatory stop of the motor vehicle that he was operating. He raised this issue in the district court by a motion to suppress evidence which was overruled. The case then proceeded to trial before the court without a jury, and defendant was found...

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