State v. Bailey, 452 N.W.2d 181 (Iowa 1990). · Go Syfert
State v. Bailey, 452 N.W.2d 181 (Iowa 1990). Cases Citing This Book View Copy Cite
30 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: State of Iowa v. Scottize Danyelle Brown (iowa, 2019-06-28)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Under fire: who is questioning this case
Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Dissent State of Iowa v. Scottize Danyelle Brown (2019)
“Wiese , 525 N.W.2d at 415 ; Rosenstiel , 473 N.W.2d at 61 ; Bailey , 452 N.W.2d at 182 ; Lamp , 322 N.W.2d at 51 ; Aschenbrenner , 289 N.W.2d at 619 .”
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State of Iowa v. Scottize Danyelle Brown
Iowa · 2019 · quote attribution · 1 verbatim quote · confidence high
we have consistently held that in determining the validity of an investigatory stop police officers are bound by the real reasons for their actions.
examined Cited as authority (verbatim quote) State of Iowa v. Scottize Danyelle Brown (2×) also: Cited as authority (quoted)
Iowa · 2019 · quote attribution · 2 verbatim quotes · confidence high
we have consistently held that in determining the validity of an investigatory stop police officers are bound by the real reasons for their actions.
examined Cited as authority (verbatim quote) State v. Franklin (4×) also: Cited as authority (rule)
Mo. · 1992 · quote attribution · 1 verbatim quote · confidence high
where the issue is the validity of an investigatory stop, a reasonably founded suspicion may not be established solely by evidence of the receipt by the stopping officer of a radio dispatch. proof of the factual foundation for the relayed message is also required.
cited Cited as authority (rule) State of Iowa v. Lamont Coleman
Iowa Ct. App. · 2017 · confidence medium
State v. Bailey, 452 N.W.2d 181, 183 (Iowa 1990), abrogated on other grounds by State v. Heminover, 619 N.W.2d 353 (Iowa 2000).
discussed Cited as authority (rule) State v. Heminover
Iowa · 2000 · confidence medium
See, e.g., State v. Jones, 586 N.W.2d 379, 382 (Iowa 1998); State v. Wiese, 525 N.W.2d 412, 415 (Iowa 1994); State v. Jamison, 482 N.W.2d 409, 413 (Iowa 1992); State v. Rosenstiel, 473 N.W.2d 59, 61 (Iowa 1991); State v. Bailey, 452 N.W.2d 181, 182 (Iowa 1990); State v. Lamp, 322 N.W.2d 48, 51 (Iowa 1982); State v. Aschenbrenner, 289 N.W.2d 618, 619 (Iowa 1980).
discussed Cited as authority (rule) State v. Ohlsen
Iowa Ct. App. · 1995 · confidence medium
In order to uphold such a stop, the State must show “(1) the officer making the stop acted in objective reliance on the communication, (2) the agency which issued the communication possessed a reasonable suspicion justifying a stop, and (3) the stop which was made was not significantly more intrusive than would have been permitted the agency issuing the communication.” State v. Bailey, 452 N.W.2d 181, 183 (Iowa 1990) (citing United States v. Hensley, 469 U.S. 221, 233 , 105 S.Ct. 675, 682 , 83 L.Ed.2d 604, 615 (1985)).
discussed Cited as authority (rule) State v. Jamison (2×)
Iowa · 1992 · confidence medium
State v. Bailey, 452 N.W.2d 181, 183 (Iowa 1990).
discussed Cited as authority (rule) State v. Anderson (2×)
Iowa Ct. App. · 1991 · confidence medium
State v. Garcia, 461 N.W.2d 460, 464 (Iowa 1990) (arrest was proper because officer had a proper, albeit a secondary, reason for the stop). “ ‘The officer is bound by the true reason or reasons for making the stop.’ ” Id. (quoting State v. Bailey, 452 N.W.2d 181, 182 (Iowa 1990)).
cited Cited as authority (rule) State v. Garcia
Iowa · 1990 · confidence medium
They may not rely on reasons they could have had but did not actually have.” See State v. Bailey, 452 N.W.2d 181, 182 (Iowa 1990) (same).
discussed Cited "see" State v. Watkins
Iowa · 1990 · signal: see · confidence high
See State v. Bailey, 452 N.W.2d 181, 183 (Iowa 1990) (affirmed on condition and remanded for reopening of suppression hearing); State v. Hrbek, 336 N.W.2d 431, 437 (Iowa 1983) (affirmed on condition and remanded for voluntariness hearing); State v. Johnson, 272 N.W.2d 480, 485 (Iowa 1978) (affirmed on condition and remanded for in camera proceeding to determine if exculpatory evidence had been suppressed); State v. Hall, 235 N.W.2d 702, 731 (Iowa 1975) (affirmed on condition and remanded for in camera inspection of grand jury transcripts to determine if exculpatory evidence was suppressed).
Retrieving the full opinion text from the archive…
STATE of Iowa, Appellee,
v.
Scott R. BAILEY, Appellant
89-477.
Supreme Court of Iowa.
Feb 21, 1990.
452 N.W.2d 181
1990 Iowa Sup. LEXIS 27
1990 WL 16850
Brad McCall, Newton, for appellant., Thomas J. Miller, Atty. Gen., Thomas S. Tauber, Asst. Atty. Gen., Michael W. Ma-haffey, County Atty., and John L. Thompson, Asst. County Atty., for appellee.
McGiyerin, Carter, Lavorato, Neuman, Andreasen.
Cited by 14 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 56%
Citer courts: Supreme Court of Iowa (1)
CARTER, Justice.

Defendant, Scott Russell Bailey, appeals his conviction of OWI (second offense) in violation of Iowa Code section 321J.2 (1987). He contends that the evidence against him was obtained through an improper investigatory stop of the motor vehicle that he was operating. He raised this issue in the district court by a motion to suppress evidence which was overruled. The case then proceeded to trial before the court without a jury, and defendant was found guilty.

At the hearing on the motion to suppress, two witnesses testified. They were Poweshiek County Deputy Sheriff Martin Duffes and Sergeant Lawrence Bush of the Grinnell Police Department. Deputy Duffes, the officer who stopped defendant’s motor vehicle, testified that he did so pursuant to a radioed request from Sergeant Bush. Although Deputy Duffes indicated in his testimony that defendant was operating his motor vehicle in a rather slow and deliberate manner, he specifically stated when cross-examined by defendant’s counsel that the reason for the stop did not involve the manner in which the vehicle was driven.

Sergeant Bush testified that the reason he radioed the request to stop defendant’s vehicle was “to determine whether it [defendant’s motor vehicle] was relevant to [an investigation] I was working on at the time.” When the prosecutor sought to develop the facts of the investigation which caused Sergeant Bush to radio this request, his questions were met with a hearsay objection by defendant’s counsel. These objections were sustained by the district court.

In denying the motion to suppress, the district court based its ruling on a belief that the manner in which defendant was operating his motor vehicle produced a reasonable suspicion of criminal activity. The State seeks to save the conviction on that ground. We believe, however, that it cannot succeed in this pursuit. We have consistently held that in determining the validity of an investigatory stop police officers are bound by the real reasons for their actions. The stop may not be upheld based on reasons that might have existed but in fact did not. State v. Lamp, 322 N.W.2d 48, 51 (Iowa 1982); State v. Aschenbrenner, 289 N.W.2d 618, 619 (Iowa 1980); State v. Cooley, 229 N.W.2d 755, 757-59 (Iowa 1975). This rule[*183] is particularly applicable in the present case where the State is asking us, in effect, to uphold the stop based on an officer’s exercise of judgment that in fact never occurred.

Because the State must establish the validity of the stop in order for certain evidence thereafter gathered to be admissible, we would ordinarily be required to reverse defendant’s conviction on a record such as this. Where the issue is the validity of an investigatory stop, a reasonably founded suspicion may not be established solely by evidence of the receipt by the stopping officer of a radio dispatch. Proof of the factual foundation for the relayed message is also required. Were it otherwise, a radio message alone could parlay an absence of legally sufficient cause into a legal stop.

The Supreme Court has indicated that in order to uphold an investigatory stop based upon a communication between law enforcement officers it must be shown that (1) the officer making the stop acted in objective reliance on the communication, (2) the agency which issued the communication possessed a reasonable suspicion justifying a stop, and (3) the stop which was made was not significantly more intrusive than would have been permitted the agency issuing the communication. United States v. Hensley, 469 U.S. 221, 233, 105 S.Ct. 675, 682, 83 L.Ed.2d 604, 615 (1985). See also United States v. Mobley, 699 F.2d 172, 174-75 (4th Cir.), cert. denied, 461 U.S. 909, 103 S.Ct. 1884, 76 L.Ed.2d 813 (1983) (stop made pursuant to order by police superior only lawful where the superior had sufficient facts to justify the stop); United States v. Robinson, 536 F.2d 1298, 1299 (9th Cir.1976) (if dispatcher did not have just cause, he could not create justification by relaying the information to another officer); People v. Hazelhurst, 662 P.2d 1081, 1085 (Colo.1983) (stop at request of other officers lawful only upon showing of reasonable suspicion in officers making the request); People v. Brown, 88 Ill.App.3d 514, 519, 43 Ill.Dec. 505, 509, 410 N.E.2d 505, 509 (1980) (it must be determined whether requesting agency possessed facts which would warrant a stop).

Notwithstanding the obvious deficiencies in the State’s proof in the present case, we are reluctant to order a new trial at this stage. Evidence which might have shown that Sergeant Bush was possessed of a reasonable suspicion sufficient to order the stop was kept out of the record by the defendant’s objections. We are convinced that these objections should not have been sustained.

In determining whether reasonable suspicion exists to make an investigatory stop, the court has the same latitude for allowing hearsay testimony as it has in the determination of probable cause for the issuance of a warrant. Moreover, we are not convinced that the matters into which the prosecutor was inquiring were in fact hearsay. When a police officer reacts to statements by citizen complainants and witnesses cooperating in an investigation, the officer is often not in a position to know whether these statements are true. Consequently, in evaluating the officer’s conduct, the significant circumstance will ordinarily involve what was told to the investigator rather than the truth of the matters asserted.

We believe that the defendant’s rights will be protected by affirming his conviction on condition and remanding the district court for a reopening of the suppression hearing. In this way, we can avoid granting a new trial based on a failure of proof which may ultimately be obviated by the State. At the reopened hearing, Sergeant Bush should be permitted to testify as to all facts and circumstances which led him to radio the request to stop defendant’s motor vehicle, including statements made to him by other persons. If, on this expanded record, the district court concludes that Sergeant Bush did have reasonable suspicion of criminal activity, our affirmance of the conviction shall stand. If the district court reaches a contrary conclusion, it should set defendant’s conviction aside and order a new trial at which all evidence obtained as a fruit of the investigatory stop shall be suppressed. We affirm defen[*184] dant’s conviction subject to the conditions we have outlined.

AFFIRMED ON CONDITION AND REMANDED.