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8/13/2019 Lake View Man Pleads Guilty to Amended Charge of Public Intoxication
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8/13/2019 Lake View Man Pleads Guilty to Amended Charge of Public Intoxication
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E-FILED 2013 JUL 04 9:55 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,
vs.
KYLE LOUIS JOHNSON , Defendant.
Case No: 02811 OWCR012350
INITIAL APPEARANCE OWI
Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.
The Court advises the Defendant as follows:
1. That he/she has the right to remain silent. That any statement made by the Defendant can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.
2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor
3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail - Minimum 2 days
Years Prison
And/Or a fine of not less than $1250 or more than $1250
You will lose your license for a minimum of 180 days and cannot obtain a work permit for30 days.
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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.
5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:
(1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while your license is under suspension. (3) You must obey the laws of the State of Iowa and the United States. (4) You are ordered to complete a substance abuse evaluation immediately at NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST
WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.
6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.
7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:
Waived
Preliminary Hearing is scheduled on at : AM at the .
If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.
8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.Copies to:County Attorney
The Court has provided a copy to the DefendantDefendantSac County Sheriff
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State of Iowa Courts
Case Number Case TitleOWCR012350 STATE VS KYLE LOUIS JOHNSON
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2013-07-05 10:49:27
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E-FILED 2013 JUL 18 1:14 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 JUL 18 1:14 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 JUL 18 1:14 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
KYLE LOUIS JOHNSON,
DOB: 06-17-1991
Defendant.
Case No. OWCR012350
TRIAL INFORMATION
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,
Iowa, and in the name and by the authority of the State of Iowa, accuses Defendant,Kyle Louis Johnson (defendant) of the crime of OPERATING WHILE INTOXICATED,
FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section 321J.2
committed as follows: On or about July 4, 2013, in Sac County and State of Iowa,
defendant did unlawfully and willfully operate a motor vehicle by one or more of the
following means: while under the influence of an alcoholic beverage or drugs or a
combination of such substances; while having an alcohol concentration of .08 or
more as measured in the person's breath, blood or urine; and while any amount of a
controlled substance is present in the person as measured in the person's blood or
urine.
A TRUE INFORMATION
/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County Attorney
Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791
Facsimile: 712-662-4123Email: [email protected]
8/13/2019 Lake View Man Pleads Guilty to Amended Charge of Public Intoxication
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
OWCR012350 STATE VS KYLE LOUIS JOHNSON
On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2013-07-31 11:43:46 page 2 of 2
E-FILED 2013 JUL 31 11:43 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
KYLE LOUIS JOHNSON,
Defendant.
Case No. OWCR012350
ATTACHMENT TO TRIAL
INFORMATION: WITNESS LIST
TORY CUDABACK, Deputy, Sac County Sheriffs Office
MICHAEL M. TATE OR JAMES A. BLESKACEK, or other Designated Criminalist,CRIMINALIST, Iowa Department of Public SafetyCriminalistics Laboratory
E-FILED 2013 JUL 31 10:08 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,Plaintiff,
VS.
KYLE LOUIS JOHNSON,Defendant.
CRIINAL NO. OWCR!"#$%!
ORDER SETTIN& ARRAI&NENTAND 'OND
T(e TRIAL INFORATION and t(e INUTES OF EVIDENCE in t(i) *atte+ (ae-een ea*ined and f/0nd t/ 1/ntain )0ffi1ient eiden1e, if 0ne2lained, t/ 3a++ant a1/ni1ti/n in a t+ial -4 50+4, t(e+ef/+e, t(i) *atte+ )(all -e )et f/+ A++ai6n*ent.
IT IS ORDERED, t(e Defendant )(all 2e+)/nall4 a22ea+ f/+ A++ai6n*ent at t(e Sa1C/0nt4 C/0+t(/0)e, Di)t+i1t C/0+t+//*, Sa1 Cit4, I/3a /n t(e 13th da4 /f August 2013at9:00 a.m..
T(e Defendant i) adi)ed t(at fail0+e t/ a22ea+ 3ill +e)0lt in t(e i))0an1e /f an a++e)t3a++ant.
IT IS FURTHER ORDERED, t(e Defendant7) -/nd and 1/nditi/n) f/+ +elea)e f+/*10)t/d4 in t(i) *atte+ )(all -e8
Defendant i) +elea)ed /n 2e+)/nal +e1/6ni9an1e.
'/nd i) )et in t(e a*/0nt /f :;;;;;;;;;;;;;;;;.'/nd *a4 -e 0n)e10+ed.'/nd *0)t -e 1a)( /+ )e10+ed in t(e a*/0nt /f t(e '/nd."!< 1a)( *a4 -e 2/)ted.
Bond previously set shall continue.Cle+= /f C/0+t )(all i))0e a )0**/n) f/+ Defendant t/ A22ea+.Cle+= /f C/0+t )(all i))0e an a++e)t 3a++ant.Other Conditions of elease:
!efendant shall o"ey all #ederal$ %tate$ and &ocal la's.
T(e Defendant )(all -e /n 2+e>t+ial )02e+i)i/n t/ t(e Se1/nd J0di1ial Di)t+i1tDe2a+t*ent /f C/++e1ti/nal Se+i1e).
Ot(e+8
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
OWCR012350 STATE VS KYLE LOUIS JOHNSON
So Ordered
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E-FILED 2013 AUG 12 4:05 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 AUG 12 4:05 PM SAC - CLERK OF DISTRICT COURT
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2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.KYLE LOUIS JOHNSON ,
DEFENDANT.
Case No. 02811 OWCR012350
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 12, 2013.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant demands the right to speedy trial.
4. Defendant is represented by David R. Johnson.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013, at 9 a.m.
IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24,2013, at 9:00 a.m.
If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may
depose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).Either party may object to the order for discretionary discovery and have the matter setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.
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E-FILED 2013 AUG 13 9:03 AM SAC - CLERK OF DISTRICT COURT
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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYDAVID R JOHNSON
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E-FILED 2013 AUG 13 9:03 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleOWCR012350 STATE VS KYLE LOUIS JOHNSON
Type: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2013-08-13 09:02:40
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E-FILED 2013 SEP 20 11:01 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 SEP 24 9:19 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
KYLE LOUIS JOHNSON,
Defendant.
Cae N!. OWCR"#$%&"
ORDER SETTIN' HEARIN' ON
DEFENDANT(S )OTION TOSUPPRESS, PRETRIALCONFERENCE, AND TRIAL
IT IS HERE*Y ORDERED +eain- !n defendant( !ti!n t! /00e and 0etial
1!nfeen1e +all 2e 1+ed/led f! ##3%" a.. !n O1t!2e $#, $"#%, at t+e Sa1
C!/nt4 C!/t+!/e, Sa1 Cit4, I!5a.
IT IS FURTHER ORDERED t+e tial f! t+i atte +all 2e and i e1+ed/led t!
N!ve2e &, $"#%, at 63"" a..
T+e defendant i NOTIFIED if defendant fail t! 0e!nall4 a00ea 2ef!e t+i
C!/t at t+e a2!ve71+ed/led date and tie, a 2en1+ 5aant a4 i/e f!
defendant( aet.
E-FILED 2013 SEP 27 9:41 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012350 STATE VS KYLE LOUIS JOHNSON
So Ordered
Electronically signed on 2013-09-27 09:41:40 page 2 of 2
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
KYLE LOUIS JOHNSON,
Defendant.
Cae N!. OWCR"#$%&"
ORDER SETTIN' HEARIN' ON
DEFENDANT(S )OTION TOSUPPRESS, PRETRIALCONFERENCE, AND TRIAL
IT IS HERE*Y ORDERED +eain- !n defendant( !ti!n t! /00e and 0etial
1!nfeen1e +all 2e 1+ed/led f! ##3%" a.. !n O1t!2e $#, $"#%, at t+e Sa1
C!/nt4 C!/t+!/e, Sa1 Cit4, I!5a.
IT IS FURTHER ORDERED t+e tial f! t+i atte +all 2e and i e1+ed/led t!
N!ve2e &, $"#%, at 63"" a..
T+e defendant i NOTIFIED if defendant fail t! 0e!nall4 a00ea 2ef!e t+i
C!/t at t+e a2!ve71+ed/led date and tie, a 2en1+ 5aant a4 i/e f!
defendant( aet.
E-FILED 2013 SEP 27 9:41 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012350 STATE VS KYLE LOUIS JOHNSON
So Ordered
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
KYLE LOUIS JOHNSON,
Defendant.
CASE NO. OWCR!"#$
ORDER RESCHEDULIN% TRIAL
IT IS HERE&Y ORDERED t'at t'e T(ial )n t'i* +atte( *'all e and i*
(e*-'edled f)( /0 a.+. )n De-e+e( !1, "!#, at t'e Sa- C)nt2
C)(t')*e, Sa- Cit2, I)3a.
T'e defendant i* NOTIFIED if defendant fail* t) 4e(*)nall2 a44ea( ef)(e t'i*
C)(t at t'e a)ve5*-'edled date and ti+e, a en-' 3a((ant +a2 i**e f)(
defendant6* a((e*t.
E-FILED 2013 OCT 18 12:11 PM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012350 STATE VS KYLE LOUIS JOHNSON
So Ordered
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E-FILED 2013 OCT 18 12:11 PM SAC - CLERK OF DISTRICT COURT
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Regardless, Defendant twice admitting to swerving off the road; the very conduct
Defendant alleges Deputy Cudaback fabricated. Immediately after Deputy Cudaback
stopped Defendant, Defendant admitted he had swerved off the road because he was
texting. Later, when Defendant was being booked into the Sac County Jail, Defendant
again acknowledged that he drove his car off the road.
2. Reasonable Suspicion
Defendant next argues even if Deputy Cudaback observed Defendant twice
swerve off the road and onto the gravel shoulder, such erratic driving does not
constitute reasonable suspicion to believe criminal activity was afoot. In support of this
argument, Defendant cites the Iowa Supreme Courts decision in Tague where the
Court found that an officers observation of a vehicle crossing over the line of a painted
median dividing a four-lane road for a brief period was not sufficient to give rise to a
reasonable suspicion that the driver was intoxicated or fatigued. Tague, 676 N.W.2d at
201.
A traffic stop is a seizure under the Fourth Amendment.Berkemer v. McCarty,
468 U.S. 420, 436-37 (1984); Delaware v. Prous, 440 U.S. 648, 653 (1979); State v.
Tyler, 830 N.W.2d at 291-92; Heminover, 619 N.W.2d at 357. A traffic violation, no
matter how minor, constitutes probable cause to conduct a traffic stop. State v.
Lauwrens, 792 N.W.2d 649, 651 (2010); State v. Tague, 676 N.W.2d 197, 201 (Iowa
2004); State v. Aderholdt, 545 N.W.2d 559, 563 (Iowa 1996). To the extent that this
constitutional proposition requires normativejustification, some have argued and both
the Iowa Supreme Court and Iowa Court of Appeals have recognized that it is the
ongoing danger to the public at large and the need for police to act fast provides it. See
e.g., Sameer Bajaj, Policing the Fourth Amendment: The Constitutionality of
Warrantless Investigatory Stops for Past Misdemeanors, 109 COLUM.L.REV. 309, 319
(2009) (cited in State v. Tyler, 830 N.W.2d 288, 297 n.5 (Iowa 2013); State v. Leer,
2013 WL 4769391, *3 (Iowa Ct. App. 2013) (unpublished)). This includes traffic stops
justified only by perceived equipment violations, so long as the perception or, more
accurately, misperception is reasonable. Tyler, 830 at 291-92 (reasonable mistake of
fact does not defeat probable cause); State v. Kinkead, 570 N.W.2d 97, 100 (Iowa
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1997);Aderholdt, 545 N.W.2d at 563). See also Davis, 131 S.Ct. at 2427 ([W]hen the
police act with an objectively reasonable good-faith belief that their conduct is lawful !
the deterrence rationale [justifying exclusion] loses much of its force.). In the absence
of probable cause, however, a law enforcement officer may seize an individual or
vehicle anyway to investigate so long as the officer suspects that criminal activity is
afoot and the scope of the restraint is reasonable in relation to the suspicion. Terry v.
Ohio, 392 U.S. 1, 22 (1968); State v. Tague, 676 N.W.2d, 197, 204 (Iowa 2004); State
v. Kreps, 650 N.W.2d 636, 641 (Iowa 2002).
The purpose of an investigatory seizure based on reasonable suspicion theory is
to provide a police officer the opportunity to confirm or dispel his suspicion of criminal
activity by way of a brief detention and reasonable questioning. Tyler, 830 N.W.2d at
293; Tague, 676 N.W.2d at 204; Kreps, 650 N.W.2d at 641 (citing U.S. v. Hickman, 523
F.2d 323, 327 (9th Cir. 1975)). If an officer can articulate facts that, along with any
inferences drawn from said facts, demonstrate a rational basis for the suspicion, then
the seizure was reasonable and therefore constitutional. State v. Vance, 790 N.W.2d
775, 781 (Iowa 2010); Hergert, 2013 WL 1751298 at *2. Unparticularized suspicion, or
mere hunch, is not a constitutionally sufficient reason for an investigatory stop.
Illinois v. Wardlow, 528 U.S. 119, 123-24 (2000);Alabama v. White, 496 U.S. 325, 329
(1990); Kreps, 650 N.W.2d at 641. The evidence presented by the State justifying an
investigatory seizure therefore may but need not rise to the level of probable cause
to believe a traffic or equipment violation occurred. Tague, 676 N.W.2d, at 204. The
evidentiary standard, properly applied whenever the state seeks to justify a seizure
under this theory, is obviously less than that required of a probable cause showing,
and considerably less than a showing of wrongdoing by a preponderance of the
evidence. Wardlow, 528 U.S. at 123; White, 496 U.S. at 329; United States v. Sokolow,
490 U.S. 1, 8 (1989); United States v. Montoya de Hernandez, 473 U.S. 531, 541
(1985); Tague, 676 N.W.2d, at 204; State v. Richardson, 501 N.W.2d 495, 496-97 (Iowa
1993). Thus, in the context of suspected drunk driving cases, a vehicle is weaving within
its own lane may or may not justify the stop, depending on the rest of the circumstances
presented to the law enforcement officer. State v. Tompkins, 507 N.W.2d 736, 740
(Iowa Ct. App. 1993) Tague, 676 N.W.2d 197, 205; State v. Otto, 566 N.W.2d 509, 510-
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11 (Iowa 1997).
Because the principal function of an investigatory stop is to resolve the
ambiguity as to whether criminal activity is afoot, a law enforcement officer is not
required to rule out all alternative possibilities of innocent behavior before initiating abrief investigatory stop, even if it is equally probable that the conduct observed is
entirely lawful. Richardson, 501 N.W.2d at 497; Kreps, 650 N.W.2d at 642; United
States v. Holland, 510 F.2d 453, 455 (9th Cir.1975). Kreps, 650 N.W.2d at 642 (citing
Holland, 510 F.2d at 455)). Whether a suspicion is reasonable to justify such an
investigation is determined by an objective, reasonable law enforcement officer
standard, based on the facts and circumstances known to the officer at the time. Id.
(citing U.S. v. Arvizu, 534 U.S. 266, 273 (2002); United States v. Cortez, 449 U.S. 411,
417-18 (1981); Terry, 392 U.S. at 21-22). The question of whether reasonable suspicion
exists to stop a vehicle must be measured by current knowledge of the facts and
circumstances; that is, factual knowledge at the time of the stop. Id. (quoting Lewis v.
State, 504 S.E.2d 732, 734 (Ga.Ct.App.1998)). Finally, the circumstances under which
the officer acted must be viewed through the eyes of a reasonable and cautious police
officer on the scene, guided by his experience and training. Id. (quoting United States
v. Hall, 525 F.2d 857, 859 (D.C.Cir.1976)).
Whether suspicion is reasonable to constitutionally justify an investigatory stop is
determined by an objective, reasonable law enforcement officer standard, based on
the facts and circumstances known to the officer at the time. U.S. v. Arvizu, 534 U.S.
266, 273 (2002); United States v. Cortez, 449 U.S. 411, 417-18 (1981); Terry, 392 U.S.
at 21-22; Kreps, 650 N.W. at 642. The circumstances under which the officer acted
must be viewed through the eyes of a reasonable and cautious police officer on the
scene, guided by his experience and training. Arvizu, 534 U.S. at 274; Kreps, 650
N.W. at 642 (quoting United States v. Hall, 525 F.2d 857, 859 (D.C.Cir.1976)) Thisinvolves a two-step determination. First, the Court examines the totality of the facts
actually known to the law enforcement officer, and then proceeds to consider whether a
reasonable officer in those circumstances would have reasonably believed that a traffic
offense had already occurred, was occurring, or that other circumstances warranted
further investigation. Heminover, 619 N.W.2d at 361-62.
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At the end of the day, law enforcement officers must be permitted to act before
their reasonable belief is verified by escape or fruition of the harm it was their duty to
prevent: a good test, therefore, is whether the articulated suspicion is such that, upon
an objective appraisal of the situation, we would be critical of the officer had he let the
event pass without investigation resulting in injury or harm, and even then only in
cases where the deterrence benefits of suppression outweighs its heavy societal costs.
Kreps, 650 N.W.2d at 642 (citing Wayne R. LaFave, Search and Seizure 9.4(b) at 148
(3d ed. 1996)). The Iowa Court of Appeals has also cited Professor LaFave favorably
on this point. SeeState v. Fischels-Wordehoff, 2006 WL 782447 (Iowa Ct. App. 2006)
(unpublished); Davis, 131 S.Ct. at 2427.
First, the driving conduct involved in Taguewas deemed, on the whole, almost
completely innocuous. Id. at 205. The context of this case is quite different than Tague,
for it involves driving conduct, that is on the whole completely inappropriate and
troubling, if not illegal. Second, in Tague the actual reason for the stop was the law
enforcement officers mistaken belief of law. This case involves no such mistake. Here,
the stated basis of the stop was the suspicion that criminal activity was afoot based on
Defendants erratic driving conduct over a very brief period of time.
Surprisingly, Defendant also cites Thompkins in support of his position here. In
Thompkins, Iowa Court of Appeals found that a peace officer had reasonable suspicion
to stop a Defendant who weaved from the center line to the right side boundary several
times. Thompkins, 507 N.W.2d at 740. By his own admissions, Defendants conduct in
the instant matter was more egregious than that of the defendant in Thompkins.
A preponderance of the evidence demonstrates Deputy Cudaback had at least
reasonable suspicion to believe criminal activity was afoot when he observed Defendant
twice drive off the road and onto the shoulder. The Defendants erratic driving coupled
with other relevant facts and circumstances acknowledged by Defendant in his motion
(i.e., erratic driving occurred on a busy 4th of July weekend, less than a mile from
Blackhawk Lake).
3. Probable Cause
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Deputy Cudaback not only had reasonable suspicion to believe criminal activity was
afoot, Defendant he had probable cause to believe Defendant had committed a crime.
Any person who drives any vehicle in such manner as to indicate either a willful or a
wanton disregard for the safety of persons or property is guilty of reckless driving. I OWA
CODE 321.277 (2013) In his motion, Defendant falsely states [Deputy Cudaback]
never asserted [Defendant] violated any traffic law, and [Defendant] never violated any
traffic laws, so this exception is not applicable. After informing Defendant that he was
being cited for texting while driving, Deputy Cudaback told the Defendant he could have
also citied Defendant for reckless driving, but was choosing not to do so.
Because the reasonable-suspicion standard is an objective test, the State is not
bound by the reasons given by the law enforcement officer as the basis for the stop.
Instead, if the facts show that a reasonable law enforcement officer could have believed
that a traffic violation occurred prior to the stop, then the stop was constitutionally
justified; that is, the Court may identify the occurrence of a traffic violation where the
facts produced by the State support such a finding even if the law enforcement officer
did not recognize the violation at the time. Because the State will produce such
evidence at the suppression hearing, the objective test will be satisfied, and the stop
constitutionally justified on this basis in addition to the reasonable suspicion theory. The
objective nature of the reasonable grounds test permits the Court, after a sufficient
showing by the State, to reasonably suspect that Defendant violated Iowa Code section
321.277 immediately prior to the stop. This, standing alone, is a sufficient constitutional
basis for the stop. The stop in this case, therefore, may be constitutionally justified
either way.
4. Community Caretaker Function
Defendant correctly states in his motion that peace officers in the State of Iowa are
charged with duties that go beyond investigating and enforcing the criminal laws of this
State. Cady v. Dombrowski, 413 U.S. 433, 441, 93 S.Ct. 2523, 2528, 37 L.Ed.2d 706,
714-15 (1973). The community caretaking function is applicable in cases where the
police stop vehicles in the interest of public safety. State v. Mitchell, 498 N.W.2d 691,
693-94 (Iowa 1993)
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In addition to the foregoing, the community caretaking function is also certainly
applicable in the instant case. As noted earlier, the Defendant agreed with Deputy
Cudaback that had Defendant swerved in the same manner, but in the other direction,
there would most likely have been a head-on collision between Defendant and
oncoming traffic.
B. VALIDITY OF THE PBT AND IMPLIED CONSENT PROCEDURE
Defendant next argues Deputy Cudaback did not have reasonable grounds to invoke
implied consent because Deputy Cudabacks PBT had not recently been calibrated and,
therefore, Deputy Cudaback is precluded from using the same to establish probable
cause to arrest Defendant. In other words, Defendant argues that without the PBTresult, probable cause did not exist for Deputy Cudaback to arrest Johnson for OWI.
Iowa's implied consent law requires that withdrawal of body substances and a
chemical test must be administered at the written request of a peace officer having
reasonable grounds to believe that person was operating a motor vehicle while
intoxicated. Munson v. Iowa Dep't of Transp., Motor Vehicle Div., 513 N.W.2d 722, 723
(Iowa 1994) (citing IOWA CODE 321J.6). The reasonable grounds test is met when the
facts and circumstances known to the officer at the time action was required would havewarranted a prudent person's belief that an offense has been committed. Id. (quoting
State v. Braun,495 N.W.2d 735, 738-39 (Iowa 1993).
Deputy Cudaback had reasonable grounds to believe Defendant was operating a
motor vehicle while intoxicated without the PBT result. Defendant was stopped for
erratic driving, was observed to have red (bloodshot) watery eyes and slurred speech,
admitted to drinking a lot of beers, and failed all field sobriety tests.
C. DEFENDANTS RIGHT TO AN INDEPENDENT CHEMICAL TEST
Lastly, Defendant argues Deputy Cudaback interfered with his right to an
independent chemical test and such interference was tantamount to a refusal requiring
suppression of Defendants DataMaster breath specimen.
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An arrestee may request to have an independent chemical test or tests
administered at the person's own expense in addition to any administered at the
direction of a peace officer. IOWA CODE 321J.11 (2013) An arrestees statutory
entitlement to an independent chemical test to determine his alcohol concentration is
only applicable when the motorist has submitted to a requested test. State v. Bloomer,
618 N.W.2d 550 (2000) The arresting officer who seeks to perform chemical testing to
determine blood alcohol concentration of motorist who has been arrested is NOT
required to convey to arrestee his / her statutory right to take an independent test after
submitting to a test requested by the officer. Id. In a criminal prosecution for driving
under the influence, proof that denial of an independent chemical test require
suppression of any police-administered chemical test. Casper v. Iowa Dept of Transp.,
506 N.W.2d 799, 801 (Iowa Ct. App. 1993). The failure or inability of the person to
obtain an independent chemical test or tests does not preclude the admission of
evidence of the results of the test or tests administered at the direction of the peace
officer. IOWA CODE 321J.11 (2013) In the absence of police hindrance, an individual's
inability to obtain an independent chemical test will not preclude admission of the results
from the police-administered test. IOWA CODE 321J.11; State v. Goodon,443 N.W.2d
74, 76 (Iowa Ct. App. 1989).
In the instant case, Defendant only knew of his right to an independent chemical
test because Deputy Cudaback informed Defendant of as much. Despite being advised
of his right and being offered the only reasonable means available to exercise the same,
Defendant failed to obtain an independent chemical test and, therefore, pursuant to
Iowa Code section 321J, cannot now ask that his breath specimen from the DataMaster
be suppressed. Further, Defendant spoke with his attorney before providing a breath
specimen in the DataMaster. After learning of his right to an independent chemical test,
Defendant had every opportunity to again call his attorney and discuss the independent
chemical test, but he did not; rather, Defendant relied on the information provided by
Deputy Cudaback.
CONCLUSION
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WHEREFORE, based on the foregoing, the State of Iowa respectfully requests
that following the hearing on Defendants Motion to Suppress Evidence, the Court
DENY Defendants Motion in its entirety and order such other relief the Court deems
appropriate.
____________________________Benjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123
Email: [email protected]
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2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.KYLE LOUIS JOHNSON ,
Defendant.
Case No. 02811 OWCR012350
COURT REPORTER MEMORANDUM AND
CERTIFICATE
COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)
Appearances:For the State: Ben SmithFor the Defendant: David JohnsonOther:
Information required by Iowa Rule of Civil Procedure 1.903(3):I, Tara Gibson, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3):
1. The type of proceeding that was reported: Motion to Suppress 2. The date(s) on which the proceeding occurred: November 18, 2013 3. The name of the court reporter who reported the proceeding: Tara Gibson 4. The name of the judge who presided over the proceeding: Gary McMinimee 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10.
/s/ Tara Gibson ___________________________________ District Court Reporter
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State of Iowa Courts
Case Number Case TitleOWCR012350 STATE VS KYLE LOUIS JOHNSONType: COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
Electronically signed on 2013-11-18 12:26:06
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,vs.KYLE LOUIS JOHNSON ,
Defendant.
Case No: 02811 OWCR012350
EXHIBIT LIST
Motion to SuppressNovember 18, 2013
Presiding Judge: Gary McMinimee
The following exhibits were offered and admitted by the Court at the hearing as shown above:State's Exhibits
1. Sheriff's report2. DVD
3. DVD4. DOT form.
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State of Iowa Courts
Case Number Case TitleOWCR012350 STATE VS KYLE LOUIS JOHNSONType: EXHIBIT LIST
So Ordered
Electronically signed on 2013-12-09 10:16:07
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, ))
Plaintiff, ) No. OWCR01230
)!". ) ORDER)
#Y$E $OUIS %OHNSON, ))
D&f&n'ant. )
Defendants Motion to Suppress evidence came on for hearing on
November 18, 2013. he State appeared b! Sac "ount! #ttorne! $en%amin
Smith. he Defendant appeared b! his counse& David 'ohnson. he Defendant
(as stopped on 'u&! ), 2013 in Sac "ount!, *o(a and arrested for +*- he then
submitted to a breath test. he Defendant cha&&enges the stop and the
admissibi&it! of the breath test. he parties submitted the matter on stipu&ated
evidence.
*
+n 'u&! ), 2013, at approimate&! /00 p.m., Sac "ount! Deput!
"udabac (as (est bound on igh(a! 1/ near 4o&f #venue (hen he observeda gra! 2005 onda "46 (estbound approimate&! 178 mi&e ahead of him. e
observed the onda drive off the road(a! and hit the grave& shou&der and then
s(erve bac onto the road(a!. e got c&oser to the onda as it again s(erved
off the road(a! and hit the grave& shou&der near uinc! #venue. e then
initiated his emergenc! &ights as the onda pu&&ed into Spar!s gas station in
9ae 6ie(, *o(a.
"udabacs patro& vehic&e (as e:uipped (ith a video camera and
digita& recorder. he D6D recording sho(s approimate&! 3 seconds of video
before "udabac turned on his emergenc! &ights. he camera (as pointed out
the front of the patro& vehic&e. he parties stipu&ated that ;a&though the 'ohnson
vehic&e is not a&(a!s visib&e
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trave&ing do(n the road(a!.> he Defendant contends the video sho(s that he
(as driving appropriate&!. he State contends the video sho(s a dust p&ume as
the Defendant past uinc! #venue. *n this "ourts vie(, the video is of &itt&e he&p
in ascertaining the manner in (hich the Defendant (as driving. he Defendants
vehic&e is obscured for the most part b! (hat appears to have been a bug that hit
the (indshie&d direct&! in front of the camera. his "ourt does not be&ieve the
video contradicts "udabacs report of observing the Defendants vehic&e t(ice
hitting the grave& shou&der and s(erving bac onto the road(a! and the
Defendant confirmed he had driven off the road(a!.
he State sees to support the stop based on theories of probab&e
cause, reasonab&e suspicion, and7or communit! caretaing. *n this "ourts vie(,
"udabacs observations did not give him probab&e cause to be&ieve that the
Defendant vio&ated an! traffic &a(. o(ever, an officer ma! stop a moving
automobi&e ;in the absence of probab&e cause if the po&ice have reasonab&e
suspicion to be&ieve crimina& activit! is taing p&ace.> State v. Pals, 80 N..2d
/5/, //) ?*o(a 2011@. hen a person cha&&enges a stop on the basis that
reasonab&e suspicion did not eist, the State must sho( b! a preponderance of
the evidence that the stopping officer had specific and articu&ab&e facts, (hich
taen together (ith rationa& inferences from those facts, to reasonab&! be&ieve
crimina& activit! ma! have occurred. State v. Tague, 5/5 N..2d 1A/, 20) ?*o(a
200)@. #&so, an officer ma! stop a driver in the eercise of a communit!
caretaing function (here the facts avai&ab&e to the officer at the time of the stop
(ou&d &ead a reasonab&e person to be&ieve that action taen b! the officer (as
appropriate. State v. Mitchell, )A8 N..2d 5A1, 5A3B) ?*o(a 1AA3@. ere, the
Defendants driving onto the shou&der and bac onto the road(a! on t(o
separate occasions in a re&ative&! short distance provided "udabac (ith reason
to be&ieve crimina& activit! ma! be occurring in the form of operating (hi&e
intoicated and7or to be&ieve that the driver ma! be fatigued or other(ise ma! be
in need of assistance.
he Defendants re:uest to suppress evidence in this case based
upon un&a(fu& stop shou&d be denied.
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II
he Defendant contends that "udabac did not have reasonab&e
grounds to invoe imp&ied consent because the C$ (as inva&id and "udabac
re&ied in part on the C$ as grounds for his arrest.
;*o(as imp&ied consent &a( re:uires that (ithdra(a& of bod!
substances and a chemica& test must be administered at the (ritten re:uest of a
peace officer having reasonab&e grounds to be&ieve that person (as operating a
motor vehic&e (hi&e intoicated.> Munson v. Iowa Dept of Transp., 13 N..2d
/22, /23 ?*o(a 1AA)@. ;he reasonab&e grounds test is met (hen the facts and
circumstances no(n to the officer at the time action (as re:uired (ou&d have
(arranted a prudent persons be&ief that an offense has been committed.> *d.
ere, the C$ device had not been ca&ibrated month&! as re:uired
b! the *o(a #dministrative "ode. he State made no effort to estab&ish
substantia& comp&iance. o(ever, even if the C$ resu&t is not considered,
"udabac had reasonab&e grounds to be&ieve that the Defendant (as operating
his motor vehic&e (hi&e intoicated. e noted the strong odor of a&coho& coming
from the inside of the Defendants vehic&e. e had observed that the Defendant
had red, b&oodshot (ater! e!es and s&o(, s&urred speech. During the horiEonta&
gaEe and n!stagmus test, the Defendant s(a!ed side to side in order to eep his
ba&ance. he Defendant fai&ed the FN test (ith si of si c&ues1. e a&so fai&ed
(a& and turn test and one &eg stand test. *n short, (hether or not "udabac
re&ied upon the C$ test in maing his determination to arrest the Defendant for
+*, he, as a reasonab&e officer, had reasonab&e grounds for arresting the
Defendant for +* (ithout re&iance upon the C$ resu&ts. #ccording&!, the
Defendants re:uest to suppress evidence based upon the contention that
"udabac &aced grounds to invoe imp&ied consent shou&d be overru&ed.
III
he Defendant sees to suppress the breath test on the grounds
that "udabac misrepresented and interfered (ith the Defendants right to an
independent chemica& test.
1"udabacs credibi&it! is not an issue (ith respect to the scoring of the sobriet! tests.
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"udabac (as incorrect in indicating that the right (as dependent
upon the Defendant be&ieving the breatha&!Eer (as inaccurate and that the
independent test had to be a b&ood test taen in an H4. #&though (hat
"udabac stated ma! (e&& have been, as a practica& matter, the on&! avai&ab&e
independent test in the area, there is no evidence of that in the record.
"udabacs statements of be&iefs regarding insurance coverage and that a b&ood
test (ou&d come bac higher, and his eperience in having had on&! one person
have an independent test in si !ears, imp&ied it (as foo&ish to do so, and
obvious&! discouraged the Defendant from pursuing the matter further as sho(n
b! the Defendants statement to "udabac ;*m not tr!ing to fuc m!se&f over
an! more than * got to.> *n this "ourts vie(, "udabacs erroneous description
of the independent chemica& test coup&ed (ith the statements of his persona&
be&iefs and eperience regarding independent tests (ere such to impede the
Defendant in pursuing such a test to the etent as to amount to a denia& of an
independent test. #ccording&!, the breatha&!Eer test shou&d be suppressed.
ORDER
IT IS THEREFORE ORDERED that the Defendants Motion to
Suppress is sustained to the etent that the breath test in this matter is
suppressed. he ba&ance of the Motion is overru&ed.
Dated this 5th da! of December, 2013.
"&er to provide copies to"ount! #ttorne!David 'ohnson
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012350 STATE VS KYLE LOUIS JOHNSON
So Ordered
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2RCR01
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
KYLE LOUIS JOHNSON ,
DEFENDANT.
Case No. 02811 OWCR012350
O R D E R
This matter comes to the Court's attention for rescheduling of trial and pre-trial
conference.
IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00
a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa. Pre-trial
conference is scheduled for January 15, 2014 at 11:00 a.m. at the District Associate
Court, Sac County Courthouse, Sac City, Iowa.
CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
DAVID R JOHNSON
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2RCR01
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
KYLE LOUIS JOHNSON ,
DEFENDANT.
Case No. 02811 OWCR012350
O R D E R
This matter comes to the Court's attention for rescheduling of trial and pre-trial
conference.
IT IS THEREFORE ORDERED that trial is now scheduled for January 28, 2014 at 9:00
a.m. at the District Associate Court, Sac County Courthouse, Sac City, Iowa. Pre-trial
conference is scheduled for January 15, 2014 at 11:00 a.m. at the District Associate
Court, Sac County Courthouse, Sac City, Iowa.
CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
DAVID R JOHNSON
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State of Iowa Courts
Case Number Case TitleOWCR012350 STATE VS KYLE LOUIS JOHNSONType: OTHER ORDER
So Ordered
Electronically signed on 2013-12-17 13:33:21
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,vs.
KYLE LOUIS JOHNSON ,
Defendant.
02811 OWCR012350
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause.IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 02/05/2014 at9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.
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State of Iowa Courts
Case Number Case TitleOWCR012350 STATE VS KYLE LOUIS JOHNSONType: OTHER ORDER
So Ordered
Electronically signed on 2014-01-17 08:30:32
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, No. OWCR012350Plaintiff,
REQUEST FOR LEAVE OF
vs. COURT TO AMEND TRIAL
INFORMATION
KYLE LOUIS JOHNSON,
Defendant.
COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:
1. The amendment will not materially change the issues nor work any hardship on the
Defendant.
2. Substantial rights of the defendant are not prejudiced by the attached Amendment.
3. A wholly new and different offense is not being charged.
4. As part of a Plea Agreement, Defendant is pleading to the charge of:
Count I: Public Intoxication, First Offense, a Simple Misdemeanor in violation of IowaCode Section 123.46(2)
5. A copy of the amended and substituted Trial Information is attached.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substitutedand amended Trial Information.
/s/Benjamin John SmithProsecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583
Telephone: 712-662-4791Fax: 712-662-4123
Email: [email protected] to: PROOF OF SERVICEThe undersigned certifies that the foregoing
instrument was served upon all parties to the above causeto each of the attorneys of record herein at their respective
addresses disclosed on the pleadings on January 17, 2014
by: [ ] U.S. Mail [ ] Fax
[ ] Hand Delivered [ ] Overnight Courier[ ] Certified Mail [x ] EDMS
Signature: /s/Norma Hecht
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012350 Plaintiff,
AMENDED vs. TRIAL INFORMATION
KYLE LOUIS JOHNSON,
DOB: 06/17/1991 Defendant.
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and
in the name and by the authority of the State of Iowa, accuses Defendant, Kyle Louis Johnson
of the crime ofPUBLIC INTOXICATION, FIRST OFFENSE, a Simple Misdemeanor in violation
of Iowa Code Section 123.46(2) committed as follows:
The said Defendant, Kyle Louis Johnson, on or about July 4, 2013 in the County of
Sac and State of Iowa, did unlawfully and willfully be intoxicated while being in a public place.
A TRUE INFORMATION
/s/Benjamin John SmithProsecuting Attorney
Sac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]
E-FILED 2014 JAN 17 10:17 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]8/13/2019 Lake View Man Pleads Guilty to Amended Charge of Public Intoxication
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THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, )
) CRIM. NO. OWCR012350Plainti, )
)
!". )) #UD$MENT AND SENTENCE
%Y&E &OUIS #OHNSON, ))
D''n(ant. )
E IT REMEMERED t*at +n t*' 1t* (a- + #ana/-, 201, t*' a+!''ntitl'( att'/ 4a'
'+/' t*' C+/t +/ /+"'" + D''n(ant6" l'a + 7ilt- t+ an a'n('( 4*a/7' + Pli4
Int+8i4ati+n, a "il' i"(''an+/, in !i+lati+n + I+9a C+(' S'4ti+n 123.:;2).
T*' D''n(ant a'a/'( - *i" 4+n"'l, Da!i( R. #+*n"+n, an( t*' Stat' 9a" /'/'"'nt'(
- Sa4 C+nt- Att+/n'- 'n Sit*.
T*' C+/t +n t+(a-6" (at' a44't'( D''n(ant6" 9/itt'n l'a + 7ilt-. T*' a/ti'" /'
8/13/2019 Lake View Man Pleads Guilty to Amended Charge of Public Intoxication
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012350 STATE VS KYLE LOUIS JOHNSON
So Ordered
Electronically signed on 2014-01-17 10:24:55 page 2 of 2
E-FILED 2014 JAN 17 10:24 AM SAC - CLERK OF DISTRICT COURT
8/13/2019 Lake View Man Pleads Guilty to Amended Charge of Public Intoxication
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
KYLE LOUIS JOHNSON,
Defenant.
Case N!. OWCR"#$%&"
ORDER
NOW, !n t'is #(t'
a) !f Jan*a+), $"#, t'e C!*+t is in +e-eit !f t'e State/s
0!ti!n t! A1en T+ial Inf!+1ati!n an A1ene T+ial Inf!+1ati!n. T'e 0!ti!n t!A1en s'!*l 2e 3+ante.
IT IS THEREFORE ORDERED t'at t'e State/s 0!ti!n t! A1en T+ial
Inf!+1ati!n is 3+ante.
Cle+4 t! f*+nis' -!ies t!5Sa- C!*nt) Att!+ne)Defense C!*nsel
E-FILED 2014 JAN 17 10:54 AM SAC - CLERK OF DISTRICT COURT
8/13/2019 Lake View Man Pleads Guilty to Amended Charge of Public Intoxication
81/81
State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012350 STATE VS KYLE LOUIS JOHNSON
So Ordered
Electronically signed on 2014-01-17 10:54:11 page 2 of 2
E-FILED 2014 JAN 17 10:54 AM SAC - CLERK OF DISTRICT COURT