Iowa Supreme Court throws out evidence in DUI stop

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Posted: Saturday, April 27, 2013 12:00 am

DES MOINES (AP) — The Iowa Supreme Court said Friday a central Iowa police officer was not justified in stopping a car with license plate covers the officer said were tinted and ruled that evidence collected leading to the driver's drunken driving conviction must be thrown out.

In its ruling, the court reversed a Polk County judge and the Iowa Court of Appeals and ordered a new trial for Tommy Tyler Jr., and said none of the evidence gathered after the stop is admissible. That evidence includes the officer's observation that Tyler smelled of alcohol, his speech, and that a Breathalyzer test indicating a blood alcohol content of 0.147. That exceeds the 0.08 limit in Iowa.

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