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.
Robert Rehkemper
