The attorney for Missouri Valley Police Chief Ed Murray has asked the court to suppress evidence in Murray's OWI case.
Joe Hrvol filed the motion Aug. 27 in Pottawattamie County District Court, asking the court to suppress evidence seized and statements made after a Pottawattamie County deputy sheriff responded to a report of a disturbance on Interstate 80 near Underwood on June 29.
Murray has pleaded not guilty to the OWI charge and also to having an open container in his vehicle.
According to the deputy's report, Murray refused to submit to a field sobriety test or preliminary breath test. The report further stated the deputy smelled alcohol on Murray's breath and that his eyes were bloodshot.
Hrvol stated in his motion that evidence was illegally obtained because the deputy searched Murray's car without probable cause, had no search warrant and had no reasonable grounds to believe Murray was operating under the influence. He further claims information was obtained in violation of Murray's right to remain silent.
A hearing on the motion is scheduled for Oct. 11 in Pottawattamie Court.
Murray remains as Missouri Valley's chief pending resolution of the case.