• Home
  • News
    • Politics & Government
    • Business & Economy
    • Crime / Courts
    • Health / Medicine
  • Sports
    • High School Sports
    • Radio Iowa Poll
  • Affiliates
    • Affiliate Support Page
  • Contact Us
    • Reporters

Radio Iowa

Iowa's Radio News Network

You are here: Home / Crime / Courts / Appeals Court upholds football game drunk driving arrest

Appeals Court upholds football game drunk driving arrest

October 21, 2009 By Dar Danielson

The Iowa Court of Appeals has upheld the drunken driving conviction of a man caught at an Iowa State football game. Two Iowa State University police officers were working foot patrol in the parking lots near Cyclone Stadium during a night game on August 28 of 2008.

The officers noticed a car driving through the busy parking lot without its headlights on. One of the officers walked to the car and tapped on the window to tell the driver to turn on his lights. The driver, Erik Rave, rolled down his window and the officers noticed Rave looked like he had been drinking.

Rave failed a field sobriety test, and later refused to give a breath test at the police station. Rave was convicted of drunk driving, but sought to have the stop of his car thrown out as illegal. He said the officers had no legal reason to stop him because he was in a private paid parking lot and the law requiring use of headlights on public highways after sundown did not apply.

Prosecutors agreed that there was no traffic violation because Rave was in a private parking lot, but said officers had probable cause to stop Rave as he posed a danger to the people in the parking lot. The district court agreed. The Court of Appeals ruled that officers had a right to stop Rave under the “community caretaking” function as they were concerns Rave would be unable to see a pedestrian. The court also said the public’s needs and interests outweighed the intrusion on Rave’s privacy, and upheld the stop as legal.

See the entire court ruling on the Iowa Courts website.

Share this:

  • Facebook
  • Twitter

Filed Under: Crime / Courts Tagged With: Alcohol, Democratic Party, Football

Featured Stories

Governor hails passage of ‘transformational’ state government reorganization

Economic impact of Iowa casinos tops one billion dollars

State board approves millions in settlement with former Hawkeye football players

Monroe County man dies while serving prison term for killing brother

Bill would make changes in Iowa’s workplace drug testing law

TwitterFacebook
Tweets by RadioIowa

Ogundele and Ulis are leaving the Iowa basketball program

Iowa plays Auburn in NCAA Tournament

Volunteers help pull off NAIA Women’s basketball championship in Sioux City

Iowa State plays Kansas in Big 12 semis

Hawkeyes must wait after early exit

More Sports

Archives

Copyright © 2023 · Learfield News & Ag, LLC