IN THE COURT OF APPEALS OF IOWA
No. 16-0586
Filed January 11, 2017
STATE OF IOWA,
Plaintiff-Appellee,
vs.
DOUGLAS LEE CUNNINGHAM,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Dallas County, Virginia Cobb,
District Associate Judge.
Douglas Cunningham appeals the district court’s denial of his motion to
suppress. AFFIRMED.
Daniel J. Rothman of McEnroe, Gotsdiner, Brewer, Steinbach & Rothman,
P.C., West Des Moines, for appellant.
Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Bower, JJ.
2
VAITHESWARAN, Presiding Judge.
At approximately 8:30 p.m. one evening, a DEA (Drug Enforcement
Administration) traffic force officer assigned to a West Des Moines case received
a report of a hit-and-run accident “about five blocks” away from him. The
dispatcher described the fleeing vehicle as “a silver Cadillac with a white male
driver” headed towards Jordan Creek Parkway. The officer drove towards
Jordan Creek Parkway. As he was turning onto the parkway, he saw several
vehicles. Only one was light-colored. The officer stopped the vehicle. After
making the stop, he realized the car was a Buick rather than a Cadillac and was
gold rather than silver.
The officer arrested Cunningham for operating a motor vehicle while
intoxicated. The State subsequently charged him with OWI (first offense). See
Iowa Code § 321J.2 (2015). Cunningham moved to suppress the evidence
gained in connection with the vehicle stop. He asserted “[a]t the time of the stop
the officer had no basis to stop [the] vehicle.” The district court denied the
motion. Cunningham waived his right to a jury trial, and the district court found
him guilty on the stipulated minutes of testimony. This appeal followed.
Cunningham contends his vehicle was stopped in violation of the federal
and state constitutions, which protect citizens against unreasonable searches
and seizures. U.S. Const. amend IV; Iowa Const., art. I, § 8. He acknowledges
the officer could stop the vehicle if there existed “reasonable suspicion of criminal
activity.” See Terry v. Ohio, 392 U.S. 1, 21 (1968); State v. Pals, 805 N.W.2d
767, 774 (Iowa 2011). But, in his view, “there are just too many mismatches to
3
support a finding that [the officer] had more than a hunch that [his] vehicle was
involved in a hit-and-run accident.”
On our de novo review of this constitutional issue, we disagree. As the
district court stated,
Based on the fact that the vehicle fit the general description of the
vehicle described by dispatch and the proximity of the vehicle to the
location of the accident and the time of the accident, and there was
no other vehicle in the area that matched the description, the officer
stopped the vehicle to investigate.
....
[T]he officer had the following factors: (1) there was a
specific crime; (2) the perpetration of the crime was very close in
time and location to the stop; (3) the vehicle he stopped was
reasonably consistent with the description he had been given of the
vehicle involved in the crime; and (4) there were no other vehicles
in the immediate area that met that description.
We concur in this analysis. Although darkness prevented the officer from
distinguishing silver from gold or the make of the vehicle, the officer correctly
identified the gender and race of the driver and stopped the only “light-colored”
vehicle in the vicinity within minutes of receiving the dispatch. See State v.
Knight, 853 N.W.2d 273, 277 (Iowa Ct. App. 2014) (stating “a mistake of fact may
justify a traffic stop.”). We conclude the officer had reasonable suspicion to stop
the vehicle and the district court appropriately denied Cunningham’s motion to
suppress.
AFFIRMED.