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Case No. 18-1502

State of Iowa
v.
Melton Ray Carter

Appellant

State of Iowa

Appellee

Melton Ray Carter

Attorneys for Appellant

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellee

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1502
Date Published:
Jun 05, 2019
Summary

            Appeal from the Iowa District Court for Woodbury County, Julie A. Schumacher, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., Bower, J., and Blane, S.J.  Opinion by Blane, S.J. (14 pages)

            The State on discretionary review challenges the district court’s grant of defendant Carter’s motion to suppress when an officer searched Carter, a pedestrian, based on the officer detecting the odor of marijuana emanating from Carter’s person.  The district court held that smell of marijuana alone, absent other circumstances, did not constitute probable cause. OPINION HOLDS:  Based upon Iowa Supreme Court precedent, an officer’s detection of an odor of marijuana emanating from a person by itself constitutes probable cause.  The district court erred in granting Carter’s motion to suppress.

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