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STATE v. GODFREY

No. 91-1691.

491 N.W.2d 173 (1992)

STATE of Iowa, Appellee, v. Paul William GODFREY, Appellant.

Court of Appeals of Iowa.

August 27, 1992.

Attorney(s) appearing for the Case

Deborah S. Krauth of Newbrough, Johnston, Brewer, Maddux & Nadler, Ames, for appellant.

Bonnie J. Campbell, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., Andrea Jordon, Student Legal Intern, Mary E. Richards, County Atty., and Michael Houchins, Asst. County Atty., for appellee.

Considered by OXBERGER, C.J., and DONIELSON and HABHAB, JJ.

HABHAB, Judge.

FACTS

Paul Godfrey was charged with operating a motor vehicle while intoxicated (OWI), second offense, open container, and a seat belt violation. Prior to trial, Godfrey filed a motion to suppress, alleging any evidence seized pursuant to a stop of his vehicle should be suppressed because the officer lacked probable cause for issuing a seat belt citation.

At the suppression hearing, Ames police officer Kenneth Kaufman testified that...

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