State Of Iowa Vs. Jennifer Anne Madison ( 2010 )

IN THE SUPREME COURT OF IOWA
No. 08–1130
Filed July 23, 2010
STATE OF IOWA,
Appellee,
vs.
JENNIFER ANNE MADISON,
Appellant.
Appeal from the Iowa District Court for Dallas County, Virginia
Cobb, Judge.
Appeal from a decision by the district court convicting defendant of
operating while intoxicated, first offense based on the defendant’s refusal
to submit to a breath test. AFFIRMED.
Aaron D. Hamrock of McCarthy & Hamrock, P.C.,
West Des Moines, for appellant.
Thomas J. Miller, Attorney General, Bridget A. Chambers and
Karen Doland (until her withdrawal), Assistant Attorneys General,
Wayne M. Reisetter, County Attorney, and Sarah C. Pettinger, Assistant
County Attorney, for appellee.
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CADY, Justice.
In this appeal, we consider whether a computer screen satisfies the
“written request” requirement of Iowa Code section 321J.6(1) (2007). We
affirm the decision of the district court.
I. Background Facts and Proceedings.
On August 2, 2007, an automobile driven by Jennifer Anne
Madison was stopped by a West Des Moines police officer. The officer’s
encounter with Madison led him to believe she had been driving while
intoxicated. As a result, the officer placed her under arrest and
transported her to the West Des Moines police station.
At the police station, the officer read Madison the implied-consent
advisory and requested a breath sample. He allowed Madison a phone
call. The officer proceeded to read Madison the implied-consent advisory
and orally requested a specimen of Madison’s breath. He utilized the
electronic “Request and Notice” form on the Traffic and Criminal
Software (TraCS) on his computer. Using a stylus, Madison marked
“Refuse” and then signed her name in a pop-up window on the touch
screen monitor. The portion of the form entitled “Request for Specimen”
was visible to Madison on the computer screen, but Madison did not view
the screen. The officer testified he did not affirmatively direct her
attention to the screen, and Madison did not ask to read the screen.
Madison was charged with operating while intoxicated (OWI), first
offense, under Iowa Code section 321J.2. Madison filed a motion to
suppress evidence obtained during her arrest, including evidence that
she had refused a breath test because text on a computer screen does
not meet the statutory requirement that the request be “in writing.”
Madison also claimed the textual form did not meet the statutory
requirement because she was not given an opportunity to read the
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computer screen, personally and in its entirety. The district court denied
Madison’s motion and, following a bench trial, entered a judgment
convicting Madison of OWI, first offense.
We granted Madison’s request for appeal.
II. Standard of Review.
We review the district court’s decision to deny a motion to
suppress based on interpretation of a statute for correction of errors at
law. State v. McCoy, 603 N.W.2d 629, 630 (Iowa 1999). Madison argues
the standard of review should be de novo because her appeal involves a
violation of constitutional rights under the Fourth Amendment. A
driver’s consent under Iowa’s implied-consent procedure is analyzed
using the “voluntary consent” exception to the warrant requirement of
the Fourth Amendment. See State v. Stanford, 474 N.W.2d 573, 575
(Iowa 1991). In this case, however, Madison did not give, nor did anyone
attempt to take from her, a body specimen. Because no Fourth
Amendment search occurred, our review is for correction of errors at law.
III. Analysis.
Madison claims the request for body specimen contained on the
screen of a computer does not meet the written-request requirement
provided in Iowa Code section 321J.6(1). This same issue was addressed
in a companion case decided today, State v. Fischer, 785 N.W.2d 697
(Iowa 2010). Based on the reasoning in Fischer, we affirm the judgment
and sentence of the district court.
AFFIRMED.
All justices concur except Ternus, C.J., who takes no part.