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State v. Dulaney

Citations

  • 493 N.W.2d 787
  • 1992 Iowa Sup. LEXIS 446
  • 1992 WL 380290

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding motorist’s lack of response to request for chemical test and subsequent statement to “[g]et your search warrant” was a failure to cooperate amounting to implied refusal
  • noting the police asked multiple times for a chemical test and the defendant, twice by his silence and finally by his words, refused
  • finding State did not destroy the evidence in an effort to thwart the defendant when it followed “its usual procedure”
  • no evidence State \intentionally destroyed” blood sample \in an effort to deprive [defendant] of evidence”
  • plasma sample showed alcohol concentration consistent with blood sample, so no valid claim that further testing of blood sample could yield exculpatory results
  • motorist’s lack of response to request for chemical test and subsequent statement to “[g]et your search warrant” was a failure to cooperate amounting to implied refusal

Source: CourtListener parenthetical corpus (CC0).

Judges: McGiverin, Larson, Schultz, Lavorato, Andreasen

Read full opinion on CourtListener

Cited by

20 cases in this archive cite this case.

Cites

16 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.