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Case No. 17-1768

State of Iowa
v.
Hector Martinez Lobo

Appellee

State of Iowa

Appellant

Hector Martinez Lobo

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Attorneys for Appellant

Alexander Smith and Benjamin Bergmann

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1768
Date Published:
Feb 20, 2019
Summary

            Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  Dissent by Tabor, P.J.  (18 pages)

            Hector Martinez Lobo appeals his conviction for driving while intoxicated, claiming the district court should not have denied his motion to suppress evidence obtained during the investigatory stop of his vehicle.  OPINION HOLDS: We find the traffic stop was proper on the basis the officer had reasonable suspicion criminal activity was afoot.  We determine the district court properly denied defendant’s motion to suppress.  We affirm Martinez Lobo’s conviction for operating while intoxicated.  DISSENT ASSERTS: I respectfully dissent.  The State’s evidence did not support a finding of either probable cause or reasonable suspicion to pull over the Camaro.  The district court should have granted Martinez Lobo’s motion to suppress the evidence gathered after an impermissible traffic stop.

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