State of Iowa v. Jeffrey Dana Kurth
2012 Iowa Sup. LEXIS 47
| Iowa | 2012Background
- Nov. 28, 2010, around 2:00 a.m., two Clive Police Officers observed a crash-like sound and saw Kurth's Infiniti enveloped in dust traveling Hickman Rd.
- Officer Jones suspected Kurth may have hit a road sign; a sign was found down in the roadway, with one officer unsure whether Kurth caused it.
- Kurth parked at a restaurant in a parking lot; Officer Jones did not stop him initially and observed the car remained drivable with minor damage.
- After Kurth parked, Jones blocked the vehicle with emergency lights; a seizure occurred when Kurth and the vehicle were detained.
- Jones detected odor of alcohol, Kurth admitted drinking, and field sobriety tests and a breath test yielded .222% BAC; Kurth was arrested for OWI.
- Kurth moved to suppress the stop as unlawful; the district court denied the motion; he was convicted, then appealed challenging the stop under the community caretaking doctrine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a Fourth Amendment seizure of Kurth's vehicle? | Kurth | Kurth | Yes, seizure occurred |
| Whether the stop was bona fide community caretaking activity | Kurth | State | No; not within bona fide caretaking scope |
| If caretaking applied, does the balancing favor public safety over privacy? | Kurth | State | Balancing does not favor State; privacy intrusion not justified |
Key Cases Cited
- Cady v. Dombrowski, 413 U.S. 433 (U.S. 1973) (community caretaking function; public safety without evidence gathering)
- Crawford v. State, 659 N.W.2d 537 (Iowa 2003) (three-step framework for community caretaking: seizure, bona fide activity, balancing)
- Tague, 676 N.W.2d 197 (Iowa 2004) (Iowa Constitution context; cautions on limits of caretaking theory)
- King, 990 F.2d 1552 (10th Cir. 1993) (limits of community caretaking; need specific articulable facts)
- Rideau, 969 F.2d 1572 (5th Cir. 1992) (police may detain to aid in emergency; caretaking basis)
- Winters v. Adams, 254 F.3d 758 (8th Cir. 2001) (community caretaking justified to address potential danger)
- Collins v. United States, 321 F.3d 691 (8th Cir. 2003) (officers may engage in caretaking to assess safety after incident)