Ankeny Police Department Illegally Stops Vehicle

posted by Robert Rehkemper on Tuesday, July 23, 2019

Ankeny, Polk County, Iowa.  An Ankeny police officer observed a vehicle pass him at a high rate of speed.  He was unable to get a good description of the vehicle before it disappeared out of view.  The officer reported to dispatch a possible description of a "dark colored sedan" and attempted to chase the vehicle down.  He lost track of the vehicle.  Approximately 3-5 minutes later, when driving around a residential neighborhood the officer observed a black sedan pulling through an intersection and pulled the vehicle over.  A Polk County Judge ruled that the Ankeny Officer did not have a sufficient legal basis to stop the vehicle based simply upon it also being a "dark colored sedan."  Probable cause to believe that a traffic offense has occurred must be individualized to the person to be stopped and such a vague description did not rise to the level of probable cause.  All evidence obtained as a result of the stop was excluded.  Operating While Intoxicated charge dismissed and driving privileges reinstated.
  1. 4th amendment
  2. drunk driving defense
  3. nfg
  4. results - drunk driving
  5. traffic stop

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Mr. Rehkemper was selected to the Super Lawyers list for the sixth straight year in 2018, and has repeatedly been named Avvo’s Client Choice and Top Attorney for DUI defense with a Superb rating of 10.0 out ... read more