State of Iowa
v.
Jermaine Lewis Carter Jr.
Appellee
State of Iowa
Appellant
Jermaine Lewis Carter Jr.
Attorney for the Appellee
David Banta, Assistant Attorney General
Attorney for the Appellant
Jamie Hunter
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., Ahlers, J., and Bower, S.J. Opinion by Schumacher, P.J. (7 pages)
Jermaine Carter Jr. appeals his convictions for possession of methamphetamine with intent to deliver, possession of a controlled substance, interference with official acts–firearm, possession of marijuana with intent to deliver, and person ineligible to carry dangerous weapons. Carter claims the district court erred in denying his motion to suppress because “the objective facts” known to police did not “rise to the level of reasonable suspicion necessary to justify the warrantless seizure of Carter and his vehicle.” OPINION HOLDS: Upon our review, we conclude even if the seizure was unreasonable, Carter’s resistance to arrest provided an independent basis to search, resulting in the discovery of methamphetamine, cocaine, marijuana, and a firearm. Accordingly, we affirm.
