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Case No. 19-1217

State of Iowa
v.
Elvin Allen Shrimpton

Appellee

State of Iowa

Appellant

Elvin Allen Shrimpton

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Attorneys for 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.

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