STATE v. ROSENSTIEL

No. 90-371.

473 N.W.2d 59 (1991)

STATE of Iowa, Appellant, v. Bruce ROSENSTIEL, Appellee.

Supreme Court of Iowa.

Rehearing Denied September 18, 1991.


Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Amy M. Anderson, Asst. Atty. Gen., William McNertney, County Atty., and David C. Skilling, Asst. County Atty., for appellant.

T.J. Braunschweig, Algona, for appellee.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, NEUMAN, and SNELL, JJ.


NEUMAN, Justice.

The State petitioned for discretionary review after the district court suppressed evidence obtained in a prosecution for operating while intoxicated. We granted the petition and transferred the case to the court of appeals. On a vote of two-to-one, that court affirmed the suppression order. We then granted the State's petition for further review and now vacate the court of appeals opinion, reverse the district court, and remand for further proceedings...

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