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Case No. 21-1808

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

State of Iowa
v.
Robert Darnell Luckett, III

Appellee

State of Iowa

Appellant

Robert Darnell Luckett, III

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Attorneys for Appellant

William P. Baresel

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1808
Date Published:
Aug 03, 2022
Summary

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Robert Luckett appeals the district court’s denial of his motion to suppress.  OPINION HOLDS: Luckett’s commission of a traffic offense by failing to use his turn signal provided probable cause for a stop.  The smell of marijuana coming from the vehicle provided probable cause to search it.  The claim that hemp smells like marijuana and is legal does not negate probable cause to search for marijuana.  As the stop of Luckett and the subsequent search of his vehicle were both within constitutional bounds, the motion to suppress was properly denied.

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