Justices hear arguments on drunk driving case in Sioux City - KTIV News 4 Sioux City IA: News, Weather and Sports

Justices hear arguments on drunk driving case in Sioux City

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SIOUX CITY, Iowa (KTIV) -

The case of a drunk driver pulled over because of an anonymous tip has made it all the way to the Iowa Supreme Court.

Tuesday night, the seven justices heard arguments in the case, in front of a Sioux City audience. 

Leon Kooima was arrested by Rock Valley police in 2010, charged with a second offense OWI.  The arrest was based on an anonymous 911 call heard by an officer on state radio.

Kooima was pulled over, and failed a sobriety test.

"If we say in anonymous tips that someone's drunk, that someone gets a tip, they're drunk. It's carte blanche to stop that car.  That means that when anybody calls them without any background and says someone's drunk the police have a carte blanche to stop them," pointed out the Hon. David Wiggins.

"You can be charged with false reports, interference with official acts, you can get sued," answered Assistant Attorney General Darrel Mullins.

Kooima's attorney argued the police officer had no reasonable cause to stop him and that all evidence gathered after the stop, like the sobriety test, is inadmissible.         

"The reason why there was not reasonable cause to support the traffic stop in this case is because this anonymous tip was unreliable," argued Kooima's attorney Randy Waagmeester.

"We have to assume that this was an anonymous tip made by somebody concerned about a drunk driver on the road," Wiggins pointed said.

Kooima versus State was one of two cases the justices heard this evening.

They made a private preliminary opinion Tuesday night, but have until June 30th to render their final decision and make it public.

The hearing took place at Morningside College.

           

 

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