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STATE v. McMICKLE

No. 22-1531.

3 N.W.3d 518 (2024)

STATE of Iowa, Appellant, v. Morgan Marie McMICKLE, Appellee.

Supreme Court of Iowa.

Filed February 9, 2024.

Attorney(s) appearing for the Case

Brenna Bird , Attorney General, and Thomas E. Bakke , Assistant Attorney General, for appellant.

Matthew T. Lindholm of Gourley, Rehkemper, & Lindholm, P.L.C., West Des Moines, for appellee.

McDonald, J., delivered the opinion of the court in which all justices joined. McDermott, J. filed a concurring opinion.

This appeal presents two questions. First, may a peace officer investigating a suspected offense of operating a motor vehicle while intoxicated use a search warrant to obtain from a driver a blood sample for chemical testing rather than invoking the statutory implied consent procedure set forth in Iowa Code chapter 321J (2022...

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