State of Iowa
v.
Elvin Allen Shrimpton
Appellee
State of Iowa
Appellant
Elvin Allen Shrimpton
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Kevin Hobbs
Court of Appeals
Court of Appeals Opinion
Opinion Number:
19-1217
Date Published:
Sep 23, 2020
Summary
Appeal from the Iowa District Court for Cass County, Gregory W. Steensland, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Schumacher, J., and Blane, S.J. Opinion by Blane, S.J. (8 pages)
A defendant appeals the district court’s denial of his motion to suppress, arguing the sheriff deputy exceeded a Terry search for weapons and his search was not incident to a lawful arrest. OPINION HOLDS: The court properly denied the defendant’s motion as the deputy was authorized to make a lawful arrest when the defendant committed the simple misdemeanor in his presence.