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State of Iowa
v.
Theodore W. Buselmeier
Appellee
State of Iowa
Appellant
Theodore W. Buselmeier
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Self-represented Appellant
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Appanoose County, Rose Anne Mefford, District Associate Judge, and Lucy Gamon, Judge. AFFIRMED. Heard by Greer, P.J., and Badding, J., and Carr, S.J. Opinion by Badding, J. (17 pages)
Theodore Buselmeier appeals his convictions for possession of a controlled substance and possession of drug paraphernalia. He claims the district court erred in (1) denying his motion to suppress that challenged whether reasonable suspicion existed for the investigative stop; (2) admitting evidence about his vehicle and drug evidence seized from the vehicle; (3) finding sufficient evidence supported his convictions; and (4) refusing to give the jury his requested instruction on constructive possession. OPINION HOLDS: We find (1) reasonable suspicion existed for the initial investigative stop of Buselmeier and continued while the officer diligently pursued the mission of the stop; (2) Buselmeier did not preserve error on his claim that evidence was improperly admitted at trial; (3) substantial evidence supported the verdict; and (4) no error in the trial court’s refusal to give the requested jury instruction.
