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STATE v. HORNIK

No. 03-0580.

672 N.W.2d 836 (2003)

STATE of Iowa, Appellant, v. Linda Ann HORNIK, Ryan McCallister, Wendy Frantz, Todd Michel, Peter Andersen, Sandra Davis, Dennis Dorman, Daniel Cox, Andrew Jaquez, Karmon Coleman, Corey Wilson, Cathryn Daman, Jose Miranda, Mynor Garcia, Adrienne Denniger, and Latasha Fuller, Appellees.

Supreme Court of Iowa.

Rehearing Denied January 7, 2004.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, J. Patrick White, County Attorney, and Michael D. Brennan, Adam Pollack, David Tiffany, M. Victoria Dominguez, and Iris Frost, Assistant County Attorneys, for appellant.

Linda Del Gallo, State Appellate Defender, and David Arthur Adams, Assistant State Appellate Defender, for all appellees except Todd Michel.

Todd V. Michel, West Des Moines, pro se.

CADY, Justice.

In this appeal, we consider whether the district court correctly sustained motions to suppress evidence of the defendant-appellees' breath alcohol concentration acquired through the use of the DataMaster cdm, a governmentally approved device for taking such measurements. Numerous defendants in Johnson County moved to suppress this evidence alleging the State had failed to ensure the device's operation conformed to the Iowa Code and the Iowa Administrative...

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