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Case No. 20-0370

State of Iowa
v.
Theodore W. Buselmeier

Appellee

State of Iowa

Appellant

Theodore W. Buselmeier

Attorneys for Appellee

Martha E. Trout, Assistant Attorney General

Attorneys for Appellant

Self-represented Appellant

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0370
Date Published:
Dec 15, 2021
Summary

            Appeal from the Iowa District Court for Appanoose County, Rose Anne Mefford, District Associate Judge, and Lucy Gamon, Judge.  AFFIRMED.  Heard by Greer, P.J., and Badding, J., and Carr, S.J.  Opinion by Badding, J.  (17 pages)

            Theodore Buselmeier appeals his convictions for possession of a controlled substance and possession of drug paraphernalia.  He claims the district court erred in (1) denying his motion to suppress that challenged whether reasonable suspicion existed for the investigative stop; (2) admitting evidence about his vehicle and drug evidence seized from the vehicle; (3) finding sufficient evidence supported his convictions; and (4) refusing to give the jury his requested instruction on constructive possession.  OPINION HOLDS: We find (1) reasonable suspicion existed for the initial investigative stop of Buselmeier and continued while the officer diligently pursued the mission of the stop; (2) Buselmeier did not preserve error on his claim that evidence was improperly admitted at trial; (3) substantial evidence supported the verdict; and (4) no error in the trial court’s refusal to give the requested jury instruction.

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