State of Iowa v. John Arthur Senn Jr.

Summary

The Iowa Supreme Court considered whether Iowa Code section 804.20 violated the Iowa Constitution by allowing an officer to be present during a detainee’s telephone consultation with counsel before chemical breath testing. The court held that the constitutional right to counsel under article I, section 10 had not attached before formal criminal charges were filed, and that Senn’s limited statutory right to counsel was honored. The court affirmed the district court’s judgment of conviction.

Holdings

1. The plurality concluded that the right to counsel under article I, section 10 of the Iowa Constitution attaches only when formal criminal proceedings or a qualifying case have commenced through a court filing; it therefore had not attached when Senn was asked to submit to the breath test.
2. The plurality concluded that section 804.20 was not unconstitutional as applied because the officer complied with the statute by allowing Senn to make telephone calls in the officer's presence and informing him that private consultation was available if an attorney came to the station.

Questions Presented

1. Whether the right to counsel under article I, section 10 of the Iowa Constitution attaches before formal criminal charges are filed, during an implied-consent proceeding in which an arrested OWI suspect must decide whether to submit to chemical testing.
2. Whether Iowa Code section 804.20 is unconstitutional as applied because it permits an officer to remain present during a detainee's telephone consultation with counsel before chemical testing.

Disposition

affirmed