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State of Iowa
v.
Dashaun Avery Redmond
Appellee
State of Iowa
Appellant
Dashaun Avery Redmond
Attorney for the Appellee
Zachary Miller, 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 Black Hawk County, Michelle M. Wagner, District Associate Judge. AFFIRMED. Considered by Greer, P.J., and Schumacher and Badding, JJ. Opinion by Schumacher, J. (8 pages)
Dashaun Redmond appeals his conviction for one count of carrying weapons. He asserts that the search and seizure of his person violated his Fourth Amendment rights under the United States Constitution, as well as his rights under Article I, Section 8 of the Iowa Constitution. OPINION HOLDS: We conclude the police officer was justified in believing that Redmond, who was at close range, may be armed and could be presently dangerous to himself. And we also conclude it would be clearly unreasonable to deny the officer the power to take necessary measures to determine whether Redmond was in fact carrying a weapon and to neutralize the threat of physical harm. The Terry pat-down did not violate Redmond’s constitutional rights, state or federal, and we affirm the denial of the motion to suppress.
