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State of Iowa
v.
Mark Besaw
Appellee
State of Iowa
Appellant
Mark Besaw
Attorney for the Appellee
Israel Kodiaga, Assistant Attorney General
Attorney for the Appellant
Robert Tiefenthaler
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.