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Case No. 19-0948

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

State of Iowa
v.
Mark Besaw

Appellee

State of Iowa

Appellant

Mark Besaw

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Attorneys for Appellant

Robert Tiefenthaler

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0948
Date Published:
Jul 22, 2020
Summary

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Mark Besaw appeals from a denial of his suppression motion challenging the constitutionality of the stop of his vehicle.  OPINION HOLDS: The officer had sufficient description to create reasonable suspicion that Besaw’s pickup was the suspect vehicle, and additional information about damage to the pickup did not negate reasonable suspicion.  The question of whether the stop was unconstitutionally premised on a completed misdemeanor is not preserved on appeal, and we do not consider it.  Therefore, we affirm the district court’s denial of Besaw’s motion to suppress.

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