State of Iowa
v.
Carrisa Doreen Mensch
Appellee
State of Iowa
Appellant
Carrisa Doreen Mensch
Attorney for the Appellee
Anagha Dixit, Assistant Attorney General
Attorney for the Appellant
Ella M. Newell, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Mitchell County, Elizabeth Batey, Judge. AFFIRMED. Considered without oral argument by Ahlers, P.J., Badding, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (9 pages)
Following her conviction for possession of a controlled substance (marijuana), first offense, Carrisa Mensch challenges the denial of her motion to suppress evidence. Mensch concedes the deputy who stopped her vehicle had probable cause for the stop; she argues her state and federal constitutional rights were violated when he unlawfully extended the duration of the seizure while engaging in a blended inquiry. Mensch also challenges the search of her vehicle, arguing her admission there was marijuana inside cannot serve as the basis for the search because the statements occurred only after the traffic stop was illegally extended and her consent to search was not voluntarily given. OPINION HOLDS: Because Deputy Steinberg did not unlawfully extend the stop and Mensch’s admission there was marijuana in the vehicle gave him probable cause to search under the automobile exception, we affirm the district court’s denial of Mensch’s motion to suppress.
