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Case No. 17-1189

State of Iowa
v.
Lowell Allan Ewalt

Appellee

State of Iowa

Appellant

Lowell Allan Ewalt

Attorneys for Appellee

Linda J. Hines, Assistant Attorney General

Attorneys for Appellant

Thomas P. Frerichs

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1189
Date Published:
Oct 24, 2018
Summary

            Appeal from the Iowa District Court for Buchanan County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Bower, J., and Blane, S.J.  Opinion by Blane, S.J.  (11 pages)

            Lowell Ewalt appeals from his conviction for possession of a controlled substance (marijuana).  He challenges the district court’s denial of his motion to suppress evidence obtained after the initiation of a routine traffic stop for speeding.  Ewalt maintains the officer unconstitutionally extended the duration of the stop; he also argues that he should have been told his Miranda rights before the officer asked him questions pertaining to his use of marijuana.  OPINION HOLDS: Because the extension of the duration of the stop was supported by reasonable suspicion and because Ewalt was not in custody—and Miranda requirements had not been triggered—when he made incriminating statements to Trooper Smith, Ewalt’s constitutional rights were not violated.  The district court properly denied Ewalt’s motion to suppress. 

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