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STATE v. LINDEMAN

No. 95-1905.

555 N.W.2d 693 (1996)

STATE of Iowa, Appellant, v. Michael Allen LINDEMAN, Appellee.

Supreme Court of Iowa.

November 20, 1996.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Susan M. Crawford, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Kasey Wadding, Assistant County Attorney, for appellant.

Mark E. Mershon of Mershon Law Firm, Cedar Falls, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, ANDREASEN, and TERNUS, JJ.

TERNUS, Justice.

Defendant, Michael Lindeman, was charged with operating a motor vehicle while intoxicated in violation of Iowa Code section 321J.2 (1995). The district court suppressed the results of a breath test, ruling the State did not comply with Iowa's implied consent law because Lindeman was not arrested by an officer qualifying as a "peace officer" under chapter 321J. See Iowa Code §§ 321J.1(7...

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