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Case No. 19-0948

State of Iowa
Mark Besaw


State of Iowa


Mark Besaw

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Robert Tiefenthaler

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 22, 2020

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Mark Besaw appeals from a denial of his suppression motion challenging the constitutionality of the stop of his vehicle.  OPINION HOLDS: The officer had sufficient description to create reasonable suspicion that Besaw’s pickup was the suspect vehicle, and additional information about damage to the pickup did not negate reasonable suspicion.  The question of whether the stop was unconstitutionally premised on a completed misdemeanor is not preserved on appeal, and we do not consider it.  Therefore, we affirm the district court’s denial of Besaw’s motion to suppress.

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