We cannot make this stuff up. Some things you just have to see to believe. This case was the most blatant violation of an arrested person’s right to consult and see a family member we have seen in a very long time.
Iowa law provides that a person who has been arrested has the right to call, consult AND see an attorney, family member, OR BOTH upon their arrival at the place of detention, i.e., the jail. Law enforcement is nor required to tell the person of this right but if a request is made, law enforcement actually commits a Simple Misdemeanor criminal offense if they deny that request. In an Operating While Intoxicated investigation, this right must be honored prior to requiring the individual to make a decision regarding the breath test.
In this case, the officer was apparently absent on the day they taught his academy class about Iowa Code section 804.20. Needless to say, after this blatant violation by the officer the Operating While Intoxicated charge was dismissed outright and driving privileges were spared.
