STATE v. OAKLEY

No. 90-1307.

469 N.W.2d 681 (1991)

STATE of Iowa, Appellant, v. Jerry Eugene OAKLEY, Appellee.

Supreme Court of Iowa.

May 15, 1991.


Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Acting Sp. Asst. Atty. Gen., and Mark Hunacek and Mike Wallace, Asst. Attys. Gen., for appellant.

Bradley Norton of Norton & Norton, Lowden, for appellee.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, LAVORATO, and ANDREASEN, JJ.


HARRIS, Justice.

A driver accused of operating a motor vehicle while intoxicated refused to submit to a blood test but did allow withdrawal of blood with the intention of submitting it for independent analysis. The specimen was left with the county sheriff. The question is whether the State could seize the specimen and have it analyzed for prosecution purposes. The trial court determined it could not and suppressed the test results. We reverse and remand.

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