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Case No. 18-2202

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Troy J. Ford

Appellee

State of Iowa

Appellant

Troy J. Ford

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Attorneys for Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2202
Date Published:
Dec 18, 2019
Summary

            Appeal from the Iowa District Court for Scott County, Cheryl E. Traum, District Associate Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., Tabor, J., and Vogel, S.J.  Opinion by Tabor, J.  Dissent by Vogel, S.J.  (14 pages)

            Troy Ford appeals his conviction for third-offense possession of marijuana asserting the district court erred in denying his motion to suppress.  A police officer mistakenly arrested Ford based on an outstanding warrant for a different individual with the same name.  Ford contends the arrest was invalid so the search incident to arrest revealing the marijuana was unconstitutional and the district court should have suppressed it.  OPINION HOLDS: Because the officer did not act reasonably in searching Ford before verifying his identity as the person with the warrant, we reverse the suppression ruling and remand for further proceedings consistent with this opinion.  DISSENT ASSERTS: Because I believe the district court properly denied Ford’s motion to suppress based on the arresting officer reasonably matching Ford with the outstanding warrants, I would affirm his conviction and sentence.

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