STATE v. SMITH

No. 03-1062.

683 N.W.2d 542 (2004)

STATE of Iowa, Appellant, v. Charles Leroy SMITH, Appellee.

Supreme Court of Iowa.

June 16, 2004.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, and Peter C. Hart, County Attorney, for appellant.

Thomas M. Magee, Emmetsburg, for appellee.


STREIT, Justice.

Charles Leroy Smith was a passenger in a car stopped for a minor traffic offense. After issuing a citation to the driver, the officer asked Smith for identification. Smith handed over his ID, and the officer quickly radioed to see if Smith had any outstanding warrants. Upon learning there was a valid warrant out for Smith's arrest, the officer took him into custody. During a search, methamphetamine fell out of Smith's pocket.

The district...

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