STATE v. SHAFFER

No. 08-1431.

774 N.W.2d 854 (2009)

STATE of Iowa, Plaintiff-Appellant, v. Shaun Michael SHAFFER, Defendant-Appellee.

Court of Appeals of Iowa.

September 17, 2009.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Martha E. Trout and Mary Tabor, Assistant Attorneys General, Wayne Reisetter, County Attorney, and Stacy Ritchie, Assistant County Attorney, for appellant.

Terri Jo Rekemeyer, Newton, for appellee.

Considered by VAITHESWARAN, P.J., and EISENHAUER and MANSFIELD, JJ.


VAITHESWARAN, P.J.

We must decide whether a police officer adequately accommodated an arrestee's limited statutory right to secure an attorney.

I. Background Facts and Proceedings

A Waukee police officer stopped a vehicle driven by Shaun Shaffer after he failed to use his turn signal while changing lanes. The officer asked Shaffer if he had been drinking. Shaffer initially responded that he consumed a couple of beers and later stated he had...

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