STATE v. OROZCO

No. 96-1623.

573 N.W.2d 22 (1997)

STATE of Iowa, Appellee, v. Michael A. OROZCO, Appellant.

Supreme Court of Iowa.

December 24, 1997.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Kevin Cmelik, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Robert P. Ewald, Assistant Attorney General, Paul L. Martin, County Attorney, and Kathleen Selzler, Assistant County Attorney, for appellee.

Considered en banc.


PER CURIAM.

The defendant, Michael Orozco, was convicted of possession of marijuana, in violation of Iowa Code sections 124.401(3) and 124.204(4)(m) (1995). He appeals, challenging the admission of evidence obtained by a search incident to the issuance of a citation. See Iowa Code § 805.1(4). He argues a search incident to the issuance of a citation is an unconstitutional grant of authority to law enforcement. Orozco also raises a statutory challenge,...

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