State of Iowa
v.
Michael William Euchner, Sr.
Appellee
State of Iowa
Appellant
Michael William Euchner, Sr.
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Attorney for the Appellant
Stephan J. Japuntich (until withdrawal) and Shellie L. Knipfer, Assistant Appellate Defenders
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Ida County, Julie Schumacher (suppression) and Zachary Hindman (trial), Judges. AFFIRMED. Considered by Vaitheswaran, P.J., Badding, J., and Gamble, S.J. Schumacher, J., takes no part. Opinion by Badding, J. (13 pages)
Michael Euchner Sr. appeals his drug convictions, claiming the district court erred in denying his motion to suppress because “plain smell” does not establish probable cause and the information used to obtain the warrant was stale by the time it was executed. He also challenges the sufficiency of the evidence to show he intended to deliver methamphetamine or marijuana. OPINION HOLDS: We affirm the denial of Euchner’s motion to suppress and find sufficient evidence supported the challenged verdicts.
