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Case No. 17-1619

State of Iowa
v.
Clarence D. Blanchard

Appellee

State of Iowa

Appellant

Clarence D. Blanchard

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

Robert P. Ranschau, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1619
Date Published:
Dec 19, 2018
Summary

            Appeal from the Iowa District Court for Emmet County, Ann M. Gales, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Potterfield, J.  (5 pages)

            Following a conviction for operating while intoxicated, first offense, Clarence Blanchard appeals the district court’s denial of his motion to suppress.  Blanchard argues there was neither a reasonable articulable suspicion nor probable cause to support the police officer’s investigatory stop of his vehicle.  OPINION HOLDS: Considering the totality of the circumstances, Deputy Bauler’s recognition of the smell of marijuana emanating from Blanchard’s vehicle provides a reasonable suspicion of criminal activity to stop the vehicle approximately twenty minutes later.  We affirm the district court’s denial of Blanchard’s motion to suppress.

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