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State of Iowa
v.
Robert Darnell Luckett, III
Appellee
State of Iowa
Appellant
Robert Darnell Luckett, III
Attorney for the Appellee
Israel Kodiaga, Assistant Attorney General
Attorney for the Appellant
William P. Baresel
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.