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State of Iowa
v.
Clarence D. Blanchard
Appellee
State of Iowa
Appellant
Clarence D. Blanchard
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Robert P. Ranschau, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Emmet County, Ann M. Gales, District Associate Judge. AFFIRMED. Considered by Danilson, C.J., and Potterfield and Doyle, JJ. Opinion by Potterfield, J. (5 pages)
Following a conviction for operating while intoxicated, first offense, Clarence Blanchard appeals the district court’s denial of his motion to suppress. Blanchard argues there was neither a reasonable articulable suspicion nor probable cause to support the police officer’s investigatory stop of his vehicle. OPINION HOLDS: Considering the totality of the circumstances, Deputy Bauler’s recognition of the smell of marijuana emanating from Blanchard’s vehicle provides a reasonable suspicion of criminal activity to stop the vehicle approximately twenty minutes later. We affirm the district court’s denial of Blanchard’s motion to suppress.