Concerned Iowan's Call Can't Justify DWI Stop
Concerned Iowan's Call Can't Justify DWI Stop
(CN) - A drunken driving conviction cannot stand since an anonymous tip did not give police reasonable suspicion to conduct a traffic stop, the Iowa Supreme Court ruled.
After attending a charity dinner in Okoboji, Iowa, on June 16, 2010, Leon Kooima drove five friends in a Chevrolet Suburban around the area, stopping at a steakhouse at 10:30 p.m.
Approximately one hour later, steakhouse patron Craig Post called 911 to report a car "full of drunks" heading toward Rock Valley. Post did not identify himself to the police dispatcher and did not indicate how he knew that the car's occupants had been drinking.
As Kooima approached a highway, Officer Travis Ryan pulled him over. Officer Kyle Munneke, who had followed Kooima for several blocks, joined the stop. Neither officer witnessed any traffic violations that would have independently been grounds for a stop.
Kooima cooperated, failed several field sobriety tests, and was arrested. A breathalyzer test administered at the police station revealed a blood alcohol concentration of 0.088. Kooima was charged with operating a vehicle while intoxicated.
http://www.courthousenews.com/2013/07/02/59041.htm