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State of Iowa
v.
Jeremiah Ray Janes
Appellee
State of Iowa
Appellant
Jeremiah Ray Janes
Attorney for the Appellee
Kyle Hanson, Assistant Attorney General
Attorney for the Appellant
Josh Irwin, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge. AFFIRMED. Heard by Tabor, P.J., and Greer, Schumacher, Ahlers, and Badding, JJ. Opinion by Tabor, P.J. (12 pages)
Jeremiah Janes appeals his conviction for possession of methamphetamine with intent to deliver after the police arrested him and found the substance in his pocket. He contends the police officer’s detection of a marijuana odor in the hotel parking lot where he was standing did not provide reasonable suspicion to seize him. OPINION HOLDS: We find, even if the seizure were unreasonable, Janes could not lawfully resist his arrest. That resistance gave an independent basis to search, resulting in the discovery of the methamphetamine. So we affirm.
