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Case No. 21-1133

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.

County:
Worth
Trial Court Case No.:
SRCR011821

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:
21-1133
Date Published:
Dec 08, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1133
Date Published:
Jan 11, 2023
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.

Other Information

Date Further Review is Granted:
Apr 26, 2023
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