The Iowa Supreme Court has ruled on a person’s right to a private meeting with an attorney in a drunk driving case in Ankeny. Carson Walker was stopped by an Ankeny police officer in December of 2009 and taken to the police station after failing several field sobriety tests.
Walker’s lawyer came to the police station and was allowed to talk to him via a telephone through a glass window that seperated them in two booths. There was also a servielance camera in the lawyer’s booth. The lawyer wanted to conduct his own tests on Walker before advising him on whether to take a breath test.
He requested a room where they could meet face-to-face, but police denied this request several times, citing safety concerns. Walker took the breath test and it showed he had a blood alcohol level more than twice the legal limit. The Iowa Supreme Court ruled the breath test should be thrown out as there was no reason to fear for the safety of Walker’s attorney and they should have been given a private, barrier-free meeting room.
The court also said the attorney should be able to block any audio or video recording during a consultation with a client unless there is a justified security risk shown.