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Case No. 19-1429

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

State of Iowa
v.
Bryan Jeffrey Stone

Appellant

State of Iowa

Appellee

Bryan Jeffrey Stone

Attorneys for Appellant

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellee

Timothy J. Kramer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1429
Date Published:
Jun 03, 2020
Summary

            Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J. (14 pages)

            The State appeals the district court’s grant of Bryan Stone’s motion to suppress evidence found in his vehicle.  The State contends the deputy did not seize Stone until he observed burglar tools in the vehicle.  After that, the deputy developed probable cause to search the vehicle under the automobile exception to the warrant requirement.  OPINION HOLDS: We agree with the State that Stone was not seized until the deputy saw the burglar tools, after which the deputy developed probable cause to search the vehicle.  Further investigation tied Stone to a burglary that occurred earlier that night.  The deputies then properly searched the vehicle under the automobile exception.  We reverse the grant of the motion to suppress and remand for further proceedings. 

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