State v. Stanford
| Decision Date | 18 September 1991 |
| Docket Number | No. 90-1632,90-1632 |
| Parties | STATE of Iowa, Appellant, v. Patrick Jeffrey STANFORD, Appellee. |
| Court | Iowa Supreme Court |
Bonnie J. Campbell, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., and Carolyn Olson and Mark Hunacek, Asst. Attys. Gen., and Kelly Raines, Asst. County Atty., for appellant.
Richard H. Zimmerman, Iowa City, for appellee.
Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL, and ANDREASEN, JJ.
The State petitioned for discretionary review after the district court suppressed evidence in a prosecution for operating while intoxicated (OWI). We granted the petition and now reverse the district court and remand for further proceedings.
Patrick Jeffrey Stanford was injured in a motor vehicle accident on August 3, 1990, in Johnson County, Iowa. An Iowa state trooper was dispatched to the scene and upon arrival found the driver of the vehicle, Stanford, lying on the ground being attended by medical personnel. The trooper was unable, at that time, to talk with Stanford about the accident because of the medical attention he was receiving. Stanford was later transported from the accident scene to the University of Iowa Hospitals. The trooper went to the hospital, was joined by other troopers, and continued the investigation. At the hospital the trooper was able to talk with Stanford. During this initial conversation the trooper noticed a moderate smell of alcohol and also noticed Stanford's eyes to be somewhat bloodshot and watery. Stanford admitted he had approximately three beers that evening.
The trooper requested, and Stanford consented, to submit to a preliminary breath test (PBT). The trooper indicated that the PBT result was just over .10 and accordingly, requested that Stanford submit to a blood test. See Iowa Code §§ 321J.5, 321J.6 (1989). Stanford emphatically refused to submit to the blood test apparently because of his strong aversion to needles. The trooper then requested a urine specimen as an alternative to the blood specimen. The implied consent advisory was read to Stanford, and he signed the advisory consenting to provide a urine specimen.
Stanford then attempted to provide a urine specimen for the trooper. However, at this time he was lying on his back on a backboard and related although he was trying, he was unable to urinate. After X-rays were taken and the backboard was removed, Stanford was again requested, this time by the attending nurse with a trooper present, to provide a urine specimen. Once again, Stanford was unable to produce a specimen. Stanford's inability to urinate became of some concern to the attending nurse. The nurse informed Stanford that his inability to urinate might be related to internal urinary tract trauma. Stanford was told that if he remained unable to urinate, a catheterization procedure might have to be used. Stanford voiced objections to this procedure. Soon thereafter the room was cleared and Stanford produced a urine specimen. The nurse took the specimen, contained in a hospital urinal, and gave part of it to the trooper.
Stanford filed a motion to suppress the urine sample evidence claiming that he had been coerced into providing it. Following the hearing, the district court found:
In order for the urine sample to be admissible it has to be obtained from the defendant freely and voluntarily and without threat or coercion. In this case the court finds that the statements by Nurse Woods that the defendant might have to be catheterized to obtain a urine sample were coercive....
The court suppresses the urine sample for the reason that the language by Nurse Woods, although inadvertent, would be considered by the Court to be coercive, as viewed by the defendant, and further that the defendant was not advised at the time he was providing the urine to Nurse Woods for medical analysis that it would also be used by the State for the chemical test to determine alcohol concentration.
Our review of the constitutional issues is de novo, which involves an independent evaluation of the totality of the circumstances as shown by the entire record. State v. Owens, 418 N.W.2d 340, 342 (Iowa 1988). In considering the statutory questions our review is to correct errors of law. Id.
The first of the district court's grounds for suppressing the evidence involved the question of coercion. The district court's conclusions focus on the issue of coercion at the time the specimen was actually given. Rather, the court should focus on the issue of coercion at the time the consent was given. The determination of voluntariness is made from the fact at or before the time the consent was given. State v. Garcia, 461 N.W.2d 460, 464-65 (Iowa 1990). The law pertaining to the consent exception to a search warrant is helpful. 1
Warrantless searches and seizures are unreasonable unless they fall within one of the carefully drawn exceptions to the warrant requirement. State v. Meyer, 441 N.W.2d 762, 764-65 (Iowa 1989). Voluntary consent is one of the recognized exceptions to the requirement of a warrant. Id. at 765. Evidence obtained by consent which has been voluntarily given is admissible. Garcia, 461 N.W.2d at 462. The State must prove that the consent was free from duress and coercion. Id. When questions of voluntariness are raised, an examination of the totality of the circumstances is made. Id. The burden is on the State to establish voluntariness by a preponderance of the evidence. Id.
Here, Stanford concedes he voluntarily agreed to provide a urine sample. He testified that he voluntarily signed the implied consent advisory. Furthermore, Stanford testified that he did not feel he was coerced in any fashion to sign the consent form.
Stanford argues his consent, although originally voluntary, was tacitly withdrawn and later coerced by the threat of catheterization. In consent to search cases, an initial voluntary grant of consent may be limited, withdrawn or revoked at any time prior to the completion of the search. Meyer, 441 N.W.2d at 765. However, in order to limit, revoke or withdraw an initial grant of consent, the consenter must clearly inform the appropriate official that the initial consent has been limited, withdrawn or revoked. See United States v. Alfaro, 935 F.2d 64, 67 (5th Cir.1991), and cases cited therein.
In our review of the record, we find that Stanford did not inform the proper official with specificity he wanted to limit, revoke or withdraw his initial written consent to provide a urine specimen to the...
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