State of Iowa v. Dan Eugene Schwabe
20-0983
| Iowa Ct. App. | Jul 21, 2021Background
- Early morning April 17, 2019, an Indianola officer observed a vehicle cross the highway centerline and then followed it.
- The officer observed the vehicle cross the centerline three additional times, each time straddling the line for roughly a block, then initiated a traffic stop.
- Driver identified as Dan Schwabe; dispatch advised Schwabe’s driving status was barred and he was arrested and charged with driving while barred.
- Schwabe moved to suppress, arguing the stop lacked probable cause/reasonable suspicion because the dash-cam video did not show the line crossings.
- The dash-cam video was inconclusive due to distance, low light, and resolution, but it contained audio of the officer narrating the crossings; the officer testified to observing multiple crossings.
- The district court denied suppression based on the officer’s testimony; the Court of Appeals conducted de novo review, deferred to the district court’s credibility finding, and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by probable cause/reasonable suspicion | The State: officer observed multiple centerline crossings, which are traffic violations and provide probable cause to stop | Schwabe: dash-cam footage does not corroborate crossings, so no reasonable suspicion or probable cause for the stop | Court: dash video inconclusive but officer testimony (and audio narration) credible; crossings occurred; stop lawful; suppression denied |
Key Cases Cited
- State v. Harrison, 846 N.W.2d 362 (Iowa 2014) (observing a traffic violation supplies probable cause to stop)
- State v. Brown, 930 N.W.2d 844 (Iowa 2019) (standard of review for suppression rulings and deference to district court fact findings)
- State v. Brown, 890 N.W.2d 315 (Iowa 2017) (courts evaluate totality of circumstances and rely on district court credibility assessments)
- In re Property Seized from Pardee, 872 N.W.2d 384 (Iowa 2015) (courts perform independent evaluation of the totality of the circumstances)
- State v. Fogg, 936 N.W.2d 664 (Iowa 2019) (federal and state constitutional frameworks are generally applied similarly unless a party argues otherwise)