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STATE v. LOUWRENS

No. 08-1862.

792 N.W.2d 649 (2010)

STATE of Iowa, Appellant, v. Donna Kay LOUWRENS, Appellee.

Supreme Court of Iowa.

November 24, 2010.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Linda J. Hines , Assistant Attorney General, and Douglas R. Hansen , County Attorney, for appellant.

John L. Sandy of Sandy Law Firm, P.C., Spirit Lake, for appellee.

HECHT, Justice.

This case presents an issue of first impression in this state—whether evidence obtained after police stopped a vehicle based on a mistake of law must be suppressed as a violation of the Fourth Amendment. We conclude the district court correctly determined the evidence derived from a stop based on a law enforcement officer's mistake of law must be suppressed.

I. Background Facts and Proceedings.

Shortly before 1:00 a.m. on May...

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