November 2005

Reasonable cause to stop – "in transit" sign instead of license.

State v. Andrews, 705 N.W.2d 493 (Iowa 11/4/05).  The Court upholds a stop made because the officer noticed an "in transit" sign in the vehicle’s window, holding that there was no evidence that a reasonable police officer would conclude the "in transit" sign complied with the requirements of section 321.25, requiring issuance by a car dealer. (however, Court entertains doubt about the practice of random stops of vehicles which disply valid temporary registration cards issued pursuant to Iowa Code section 321.25)

State v. Andrews, 705 N.W.2d 493 (Iowa 11/4/05).  Minute of Testimony which indicated that the Assistant Director of the Driver’s License Division of the Department of Transportation would testify inter alia that he examined defendant’s records and found that his privileges to drive had been barred was "undoubtedly hearsay", but defendant’s agreement to include this evidence in a stipulated bench trial gave the district court license to accept the described testimony as a verity regardless of whether the records themselves were included in the stipulated record.