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Criminal Procedure Keyed to Miller
State v. John Arthur Senn, Jr.
Citation:
882 N.W.2d 1 (Iowa 2016)Facts
Senn (defendant) was arrested for failing to obey a traffic control signal and for operating while intoxicated. Senn called his attorney in an officer’s presence and asked for attorney-client privilege. The officer responded that Senn could not have attorney-client privilege while on the phone but that he could if his attorney came to the jail. Iowa Code § 804.20 allows a person who has been arrested to have private in-person consultations but permits an officer or jailer to be present for the detainee’s phone calls.
The attorney was unable to meet with Senn in person. After about an hour, Senn consented to a breathalyzer test. Based on the results of the test, Senn was charged with operating while intoxicated. Senn filed a motion to suppress, arguing that the officer interfered with his right to counsel.
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