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STATE v. HARRIMAN

No. 06-1309.

737 N.W.2d 318 (2007)

STATE of Iowa, Plaintiff-Appellee, v. Andrew Mark HARRIMAN, Defendant-Appellant.

Court of Appeals of Iowa.

May 23, 2007.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and James G. Tomka, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Darrel Mullins, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brad Walz, Assistant County Attorney, for appellee.

Considered by MAHAN, P.J., and EISENHAUER and BAKER, JJ.

MAHAN, P.J.

I. Background Facts and Proceedings.

Officer Albert Bovy stopped a vehicle in Waterloo because of a defective muffler. Andrew Harriman was sitting in the front-passenger seat of the vehicle with his hand in his pant pocket. Bovy told Harriman to remove his hand from the pocket. After discovering the driver was driving while barred, Bovy arrested the driver and placed him in the back of the patrol car. When Bovy returned to the...

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