State of Iowa
v.
Stephen Andrew Arrieta
Stephen Andrew Arrieta seeks further review of the court of appeals decision affirming his conviction for possession of a controlled substance. Arrieta challenged the denial of his motion to suppress evidence obtained as a result of an allegedly unconstitutional stop and search of his commercial vehicle. He argues he was unlawfully detained while waiting the arrival of the drug K9, the K9 and handler made contact with his vehicle beyond a “free air sniff, and the K9 was not reliable or well trained.
Resister
State of Iowa
Applicant
Stephen Andrew Arrieta
Attorneys for the Resister
Thomas E. Bakke, Assistant Attorney General
Joshua A. Duden
Attorney for the Applicant
Colin Murphy
Supreme Court
Oral Argument Schedule
15-15-5
Sep 19, 2023 7:00 PM Waverly-Shell Rock High School
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Worth County, Colleen D. Weiland, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Tabor, J., and Danilson, S.J. Opinion by Danilson, S.J. (12 pages)
Stephen Arrieta appeals his conviction of possession of a controlled substance, challenging the denial of his motion to suppress evidence obtained as a result of an allegedly unconstitutional stop and ensuing search of a commercial vehicle. Arrieta contends (1) he was unlawfully detained “for the sole purpose of waiting for the drug K9,” (2) the K9 and handler made physical contact with the vehicle beyond a “free air sniff” that amounted to, “in effect, a warrantless search without probable cause,” and (3) the K9 was “neither reliable nor well trained and was cued to alert by the handler.” OPINION HOLDS: Upon our review, we affirm.