State v. Sanchez
| Decision Date | 12 April 2023 |
| Docket Number | 22-0763 |
| Parties | STATE OF IOWA, Plaintiff-Appellee, v. JOSE JULIAN SANCHEZ, Defendant-Appellant. |
| Court | Iowa Court of Appeals |
Appeal from the Iowa District Court for Tama County, Lars G Anderson, Judge.
A defendant appeals his conviction for operating while intoxicated by challenging the denial of his motion to suppress.
Lucas L. Asbury (until withdrawal), Windsor Heights, and Richard Sucher of Trey Sucher Law, PLC, West Liberty, for appellant.
Brenna Bird, Attorney General, and Benjamin Parrott, Assistant Attorney General, for appellee.
Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.
Jose Julian Ovides Sanchez appeals his conviction for operating while intoxicated (OWI) first offense. Before trial, he moved to suppress evidence obtained following his arrest, which he contends was without probable cause. He also argued that field sobriety tests conducted after police said he was "going to jail" amounted to custodial interrogation. And, according to Sanchez, those test results should be suppressed because he did not receive Miranda[1] warnings.
The district court denied the suppression motion on both grounds. First, the court found probable cause for the OWI arrest. Second, the court cited precedent that field sobriety testing did not amount to interrogation. On appeal, Sanchez disputes those determinations. Because we reach the same conclusions as the district court, we affirm the suppression ruling and conviction.
On Christmas night 2020, Sanchez drove his Chevy Silverado, without headlights, west in the eastbound lane of Highway 30. An oncoming Chrysler Town and Country swerved to avoid a head-on collision. Sanchez's red truck sideswiped the tan-colored van, which was carrying a family of four. The van's driver reported the hit and run to Tama County law enforcement.
While sheriff's deputy Travis Foster responded to the van driver's report, Meskwaki Nation police officer Robert Roquet stopped a red truck with a damaged driver's side mirror and tan paint transfer. The truck's driver was Sanchez. When Deputy Foster joined Officer Roquet about fifteen minutes later, Roquet said: "I can't smell anything on him." Roquet also told Foster that Sanchez did not speak English, but that Sanchez had called his wife to the scene to translate for him.
So first, Deputy Foster approached the wife's car, telling her that Sanchez Foster added: "there's a possibility he's intoxicated." The deputy then asked her to "come out here and talk to him." When they approached Sanchez's window, Foster noticed his eyes were bloodshot and watery. "He appeared tired and I could smell a strong odor of alcoholic beverage coming from his person." With his wife interpreting, Sanchez answered Deputy Foster's questions. Foster asked whether Sanchez had been drinking. After some hesitation, Sanchez admitted having "six or seven beers." When Foster asked Sanchez to leave the truck for field sobriety testing, the deputy caught a strong whiff of beer. As recorded on his body camera, Foster commented:
Foster asked Sanchez's wife to translate the directions for the field sobriety tests. Before administering the horizontal gaze nystagmus (HGN) test, the deputy asked the wife if Sanchez had any "eye issues" or wore contacts or glasses. She responded that he did not. Despite his wife's translation, Sanchez did not follow the deputy's directions for the HGN test. The deputy repeatedly told Sanchez not to move his head and "to keep looking at my finger." Exasperated, the deputy said: "I've been doing this awhile and I know when people are messing around, okay, look at my finger." The deputy then resumed the HGN test. At the suppression hearing, the deputy testified that he could tell that Sanchez "had nystagmus" which he described as an involuntary rhythmic motion of the eye that suggested intoxication. The deputy rated Sanchez as having six out of six clues on that test.[2]
The deputy then moved to the walk-and-turn test. Again, Sanchez did not readily comply with Deputy Foster's directions. Sanchez complained of the cold and asked for his coat. As Sanchez zipped up his coat, Foster said to another officer: "He's going to jail." The wife then told Sanchez: "Don't say another word." Sanchez responded: "No, it doesn't matter." The deputy continued to conduct the test, repeatedly telling Sanchez not to start the test until told to do so. Finally, Sanchez counted out his steps, turned around, and counted again. But the deputy commented: "Okay, well, you didn't do it right, but we're just gonna move on." At the suppression hearing, the deputy explained that Sanchez missed the heel-to-toe by more than half an inch, only took three steps, and "just spun" rather than turning as directed. In the deputy's opinion, Sanchez exhibited clues of intoxication.
The next test was the one-leg stand. The deputy instructed Sanchez to keep his hands at his side and to raise one leg six inches off the ground, then to count. Sanchez lifted his left leg and counted to four, before dropping the leg and starting over. The second time Sanchez counted to eight. The deputy testified that Sanchez's loss of balance was a sign of intoxication.
After those field sobriety tests, Deputy Foster asked Sanchez to perform a preliminary breath test (PBT). Sanchez tried to blow in the device two times, but the deputy could not obtain a useable sample.
Even without the PBT, Foster believed that he had enough evidence that Sanchez was "over the legal limit" and arrested him for OWI. At the station, Foster invoked implied consent and Sanchez submitted to a DataMaster breath test, which revealed a blood alcohol content of 0.165.
The State charged Sanchez with first-offense OWI, a serious misdemeanor, in violation of Iowa Code section 321J.2(2)(a) (2020).[3] After losing his suppression motion, Sanchez waived his right to a jury trial and agreed to a bench trial on the stipulated minutes of testimony. The district court returned a guilty verdict. Sanchez now appeals.
Because Sanchez challenges the district court's denial of his motion to suppress on constitutional grounds, our standard of review is de novo. See State v. Hunter, 947 N.W.2d 657, 660 (Iowa Ct. App. 2020). That standard means that we examine the entire record and conduct an independent evaluation of the totality of the circumstances. Id. The scope of evidence includes facts from both the suppression hearing and the bench trial. Id.
Sanchez first contests the probable cause for his arrest.[4] To determine whether Deputy Foster had probable cause, we examine the events prompting that arrest and decide whether those facts, viewed objectively, amount to probable cause. See Dist. of Columbia v. Wesby, 138 S.Ct. 577, 586 (2018). Probable cause is a "fluid concept" not "readily, or even usefully, reduced to a neat set of legal rules." Illinois v. Gates, 462 U.S. 213, 232 (1983). As the word "probable" suggests, it requires only a "probability or substantial chance of criminal activity" rather than "an actual showing of such activity." Id. In short, probable cause is not a "high bar." Wesby, 138 S.Ct. at 586.
In its suppression ruling, the district court listed five circumstances adding up to probable cause for the arrest:
Sanchez does not challenge the district court's first two bullet points.
On the third point, Deputy Foster's observation of indicators of intoxication, Sanchez accuses the district court of not considering Officer Roquet's countervailing admission that he did not detect the odor of alcoholic beverages when he stopped the pickup. But the district court did note that discrepancy. It just placed more weight on Foster's prolonged interactions with Sanchez. That consideration of the totality of circumstances was proper. See State v. Bumpus, 459 N.W.2d 619, 624 (Iowa 1990) ().
On the fourth point, Sanchez's admission to drinking six or seven beers, he faults Deputy Foster for not asking about the time frame for consumption. He asserts: "It is a well-known fact that the body metabolizes alcohol over time." And he highlights that the arrest occurred on Christmas day, when all-day drinking would be more common. True, not knowing the timing detracts from the force of the admission. But that lack of knowledge does not mean we must ignore Sanchez's disclosure. The acknowledgment that he consumed six or seven beers may be viewed along with his erratic driving and the strong odor of alcoholic beverage that Foster noted coming from Sanchez after he exited the truck. See State v. Harris, 490 N.W.2d 561, 563 (Iowa 1992) ().
On the fifth point, Sanchez argues that the district court improperly considered the results of...
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