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STATE v. RILEY

No. 91-1735.

501 N.W.2d 487 (1993)

STATE of Iowa, Appellant, v. Richard Lee RILEY, Appellee.

Supreme Court of Iowa.

June 16, 1993.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Amy M. Anderson, Asst. Atty. Gen., William F. Creasey, County Atty., and Suzanne Elwell, Asst. County Atty., for appellant.

Linda Del Gallo, State Appellate Defender, and Shari Barron, Asst. State Appellate Defender, for appellee.

Considered by McGIVERIN, C.J., and CARTER, NEUMAN, SNELL, and ANDREASEN, JJ.

McGIVERIN, Chief Justice.

The State took discretionary review from a district court ruling granting defendant car passenger Richard Riley's motion to suppress evidence gained from a search during a routine traffic stop.

The court of appeals, being equally divided on the issue, affirmed the district court ruling by operation of law. Iowa Code § 602.5106(1) (1991).

We now vacate the court of appeals decision and reverse the district court ruling...

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