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Case No. 18-1502

State of Iowa
Melton Ray Carter


State of Iowa


Melton Ray Carter

Attorney for the Appellant

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellee

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 05, 2019

            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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