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STATE v. PICKETT12/24/1997
This case involves an appeal by the State of the trial court's suppression of field sobriety tests conducted by a deputy sheriff on the defendant, Alvin Wayne Pickett. Pickett was arrested and charged by trial information with operating a motor vehicle while intoxicated, second offense, in violation of Iowa Code section 321J.2 (1995). He filed a pre-trial motion to suppress evidence gathered by the deputy sheriff. The trial court granted his motion. We granted the State's application for discretionary review. Iowa R. Crim. P. 11(2); Iowa R. App. P. 201. Upon our review of the record, we affirm in part, reverse in part, and remand.
I. Background Facts and Proceedings.
At approximately 1:50 a.m. the morning of September 3, 1996, Jasper County Deputy Sheriff Eric Nation, while on patrol, came upon the scene of an accident. Nation saw a white car in the ditch along the side of the road. He observed two women standing near Pickett, who was seated on a motorcycle. Nation stopped, exited his vehicle, and approached Pickett and the two women. Nation quickly ascertained that the car had been driven by one of the women. Pickett was not involved in the accident; he had stopped to see if he could assist the women.
While talking with Pickett and the women, Nation smelled a "strong odor of alcohol" coming from within the area of the three individuals. He did not observe any physical manifestations of intoxication. Nation asked all three people if any of them had been drinking. All replied in the negative. He then asked if he could take a look at their eyes. Pickett and the women acquiesced. Nation performed a brief horizontal gaze nystagmus test on the women and Pickett. The women passed but Pickett failed the test. Nation again asked Pickett if he had been drinking. Pickett admitted he "had drank a couple that evening." Nation asked all three people to provide a sample of their breath for a preliminary screening test. The result for the women was .00. Pickett's test indicated a blood alcohol level of over .10. Nation then conducted other field sobriety tests on Pickett. Pickett failed the one-leg stand, the nine-step walk and turn, and a second horizontal gaze nystagmus test. At some point Nation advised Pickett of his Miranda rights. After being informed of his rights, Pickett admitted he had driven the motorcycle to the location of the accident. Pickett was then arrested for operating a motorcycle while intoxicated.
Pickett was taken to the sheriff's office where he submitted to a breath test after the implied consent procedure was invoked. Nation misread Pickett's driving record and mistakenly advised Pickett as to the length of the applicable license suspension period. [573 NW2d Page 247]
Pickett filed a motion to suppress the results of the breath test taken after his arrest. The State filed a general resistance to Pickett's motion. Following a suppression hearing, the court ruled in Pickett's favor and suppressed the results of the breath test. In addition, the court suppressed all field sobriety tests obtained "as a result of the detention of the defendant."
In the application for discretionary review, the State does not challenge the court's suppression of the breath test. However, it does appeal the suppression of the field sobriety tests. The State contends Pickett's constitutional rights were not violated.
II. Scope of Review.
This case concerns the constitutional right to be free of unreasonable searches and seizures; our review of the district court's suppression ruling is de novo. State v. Myer, 441 N.W.2d 762, 763 (Iowa 1989).
III. Constitutionality of the Questioning of Pickett.
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