State of Iowa
v.
Cortez Jermaine Bryant
Appellee
State of Iowa
Appellant
Cortez Jermaine Bryant
Attorney for the Appellee
Adam Kenworthy, Assistant Attorney General
Attorney for the Appellant
John J. Bishop
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt and Monica Zrinyi Ackley, Judges. AFFIRMED. Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ. Opinion by Greer, P.J. (8 pages)
Bryant appeals the denial of his motion to suppress, arguing the search of the backpack in the back seat would not be a valid search for “contraband,” because Iowa Code section 321.284(1) (2023) provides that an open container is only illegal if it is “in the passenger area of the motor vehicle.” He claims any alcohol bottle in the backpack, even if open, could not be considered contraband. In response, the State argues both subject matter jurisdiction and error preservation. OPINION FINDS: We find, considering recent Iowa Supreme Court precedent, that this court has subject matter jurisdiction. On the error preservation issue, Bryant failed to preserve error to his argument on appeal in his motion to suppress. As a result, we decline to reach the merits of his argument and affirm the decision of the district court.
