Monday, October 3, 2011

COURT RULING: A breath test from an Iowa man charged with OWI has been suppressed because police didn t allow him to meet with his attorney privately - msnbc.com





updated 50 minutes ago 2011-09-30T18:19:04

The Iowa Supreme Court has suppressed a breath test of a man charged with drunken driving because police violated his right to meet privately with an attorney.

The court said Friday that police violated Carson Walker's rights by only allowing him to talk with an attorney over the phone, separated by glass in a room under video surveillance. Carson was arrested in Ankeny in 2009.

Police rejected the attorney's request to meet privately with Walker before advising him to take a breath test.

Walker's attorney says the ruling defends a person's rights to consult with an attorney in private.

The state says the ruling expands previous practices under Iowa code but still provides an opportunity to limit access to a suspect if there are concerns about safety or evidence.

Source: http://www.msnbc.msn.com/id/44733574

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