STATE v. DAVIS

No. 93-1595.

525 N.W.2d 837 (1994)

STATE of Iowa, Appellant, v. Robert F. DAVIS, Appellee.

Supreme Court of Iowa.

December 21, 1994.


Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Bridget A. Chambers, Asst. Atty. Gen., Thomas J. Ferguson, County Atty., and Anthony Janney, Asst. County Atty., for appellant.

Carter Stevens of Beecher, Rathert, Roberts, Field, Walker & Morris, P.C., Waterloo, for appellee.

Considered en banc.


McGIVERIN, Chief Justice.

The real question here is whether after an arrest of the defendant for operating while intoxicated a police officer can "unarrest" the defendant and release him, and thus stop the ticking of the forty-five day clock requiring speedy indictment of defendant under Iowa rule of criminal procedure 27(2)(a).

The district court believed the forty-five day clock cannot be so stopped and dismissed the case. We agree and therefore affirm its...

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