STATE v. SMITH12/20/1978
Defendant, Donald Eugene Smith, stands convicted of the offense of operating a motor vehicle while under the influence of alcohol, a violation of § 321.281, The Code. He now appeals from certain evidentiary rulings rendered during his jury trial. We find merit in his contentions and reverse.
In the early morning of November 3, 1977 defendant attracted the attention of Trooper Ronald R. Thomas of the Iowa Highway Patrol by forcing Thomas onto the shoulder when their vehicles passed on highway 69 north of Leon. Thomas's suspicions having been thus aroused, he pursued defendant, stopped him and placed him under arrest. Defendant was then taken to the office of the Decatur County Sheriff, where he consented to a urine test.
Trooper Thomas used a clean plastic cup to collect the urine specimen from defendant. He then transferred the specimen from the cup to a glass tube. This controversy centers upon that tube. The tube was included as part of a blood test kit made available by the Highway Patrol to its troopers. It contained a whitish powder which Thomas testified was an anticoagulant for blood. Thomas also testified that his use of the blood test kit in this manner was pursuant to a directive issued by a superior.
After transferring the specimen to the tube, Thomas mailed the tube to the criminalistics [272 NW2d Page 861]
laboratory of the Iowa Bureau of Criminal Investigation in Des Moines. Thomas subsequently received a report from that laboratory indicating that the package had been received on the morning of November 4, that the urine sample labeled with defendant's name had been tested and that it contained alcohol corresponding to a blood alcohol level of 0.168% by weight. Defendant made no request under § 749A.2, The Code (now § 691.2, Code Supp. 1977), for the laboratory technician who conducted the analysis to testify.
Defendant objected to admission of the laboratory report for the reason that the foundation for admission of the report was inadequate in two respects. He first complained that there was no showing that the white powder in the tube would not affect the urine test. He also insisted that there was an insufficient showing of the chain of custody of the specimen.
The burden was on the State to show facts which make the results of the urine test admissible. State v. Richards, 229 N.W.2d 229, 233 (Iowa 1975); State v. Dille, 258 N.W.2d 565, 568 (Minn. 1977). For the test results to have any relevancy, it should be shown that the specimen which was tested was in the same condition as when it was taken from defendant. Novak v. District of Columbia, 49 A.2d 88, 90 (D.C. Mun.App. 1946). Any differences in condition, and their effects, should be explained to the jury. Cf. State v. Wycoff, 255 N.W.2d 116, 118-9 (Iowa 1977) (explaining general standard for admissibility of tests). See generally E. Cleary, McCormick on Evidence § 212 at 527-8 (2d ed. 1972).
The question of whether blood samples, or tests conducted on them, are admissible despite the presence of anticoagulants has been considered by several courts, including this one. See, e.g., State v. Kindschuh, 248 Iowa 440, 80 N.W.2d 750 (1957); State v. Rines, 269 A.2d 9, 16 (Me. 1970); State v. Dille, 258 N.W.2d 565, 568 (Minn. 1977); State v. Fox, 177 Neb. 238, 242-4, 128 N.W.2d 576, 582 (1964); Rimpley v. State, 169 Neb. 171, 179, 98 N.W.2d 868, 873-4 (1959); State v. Erdman, 64 Wn.2d 286, 288, 391 P.2d 518, 519 (1964). The test was held to be admissible in each of these cases except State v. Rines. However, in every case allowing admission, except Dille, there was testimony by an individual with expertise in the area that gave the jury a basis for judging th
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