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COLLINS-DRAINE v. KNIEF

No. 98-789.

617 N.W.2d 679 (2000)

Margo Jacenta COLLINS-DRAINE, Jodie Trenise Draine, LaDelmar Dewayne Draine, a minor by his mother and next friend, Margo Jacenta Collins-Draine, Plaintiffs-Appellants, v. Richard KNIEF, individually and in his capacity as a police officer for the City of Waterloo, Iowa, and City of Waterloo, Iowa, Defendants-Appellees.

Court of Appeals of Iowa.

July 26, 2000.

Attorney(s) appearing for the Case

Thomas P. Frerichs of Frerichs Law Office, P.C., Waterloo, for appellants.

Ivan T. Webber of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellees.

Heard by SACKETT, C.J., and STREIT and VAITHESWARAN, JJ., MAHAN, J., takes no part.

STREIT, J.

The rule of law places restraints on individuals and governments alike. This is a fragile balance to maintain, because individuals and governments must abide by the restraints of a structure of laws. One such restraint is the constitutional protection of our people to be free from seizure by the police. In 1993 Jodie Draine, her mother Margo Collins-Draine, and her brother LaDelmar Draine were detained for a number of hours at the Waterloo police station...

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