State of Iowa
v.
Donald Melvin Wittenberg
Donald Wittenberg seeks further review of the court of appeals’ opinion affirming the judgment of sentence for operating while intoxicated, third offense, a class “D” felony. He argues the court of appeals erred in affirming the denial of his motion to suppress because he was seized without reasonable suspicion or probable cause.
Resister
State of Iowa
Applicant
Donald Melvin Wittenberg
Attorney for the Resister
Genevieve Reinkoester
Attorney for the Applicant
Josh Irwin
Supreme Court
Oral Argument Schedule
Non-Oral
Oct 10, 2023 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Becky Goettsch, District Associate Judge. AFFIRMED. Heard by Greer, P.J., and Badding and Chicchelly, JJ. Opinion by Greer, P.J. (8 pages)
Donald Wittenberg appeals the district court’s denial of his motion to suppress following his conviction of operating while intoxicated, third offense, in violation of Iowa Code section 321J.2(2)(c) (2021). OPINION HOLDS: Based on the totality of the circumstances, we do not find Wittenberg was seized and affirm the district court’s denial of his motion to suppress.