· 9/19/1973
Swenumson v. Iowa Department of Public Safety
Citations
- 210 N.W.2d 660
- 1973 Iowa Sup. LEXIS 1155
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “It is well established that the state and federal constitutional right to counsel does not apply to an [administrative] implied consent proceeding.”
- “It is well established that the state and federal constitutional right to counsel does not apply to an [administrative] implied consent proceeding.”
- “It is well established that the state and federal constitutional right to counsel does not apply to an [administrative] implied consent proceeding.”
- attempt to stall test until attorney is consulted held to be a refusal
- attempt to stall test until attorney is consulted held to be a refusal
- “Since the Miranda warning applies to interrogation and the implied consent procedure relates to submission of a bodily substance to chemical testing, the warning does not purport to make the Miranda rights applicable during the implied consent proceeding.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Mason, Reynoldson, Harris, McCormick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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.