State v. Werner
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The Supreme Court reversed the decision of the district court denying Defendant’s motion to suppress evidence resulting from a stop by an Iowa Department of Transportation (IDOT) Motor Vehicle Enforcement (MVE) officer, holding that the IDOT MVE lacked the authority to stop and arrest Defendant.
The MVE in this case stopped Defendant for speeding in a construction zone. After determining that Defendant’s driver’s license had been revoked the MVE arrested Defendant and took him to jail. Defendant was convicted of driving while revoked. On appeal, Defendant argued that IDO MVE officers lacked authority at the time he was stopped to engage in general traffic enforcement under Iowa Code chapter 321 and that the stop and arrest could not be sustained as a citizen’s arrest under Iowa Code 804.9. The Supreme Court agreed, holding that today’s decision in Rilea v. Iowa Department of Transportation, __ N.W.2d ___ (Iowa 2018), required that Defendant’s conviction be vacated and this case remanded for further proceedings.
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