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STATE v. ARMSTRONG

No. 09-0972.

787 N.W.2d 472 (2010)

STATE of Iowa, Plaintiff-Appellee, v. Brett Byard ARMSTRONG, Defendant-Appellant.

Court of Appeals of Iowa.

June 30, 2010.

Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Stephan J. Japuntich , Assistant Appellate Defender, for appellant.

Thomas J. Miller , Attorney General, Linda J. Hines , Assistant Attorney General, Darin J. Raymond , County Attorney, and Amy K. Oetken , Assistant County Attorney, for appellee.

Heard by VOGEL, P.J., and POTTERFIELD and DANILSON, JJ. TABOR, J., takes no part.

POTTERFIELD, J.

I. Background Facts and Proceedings

On May 11, 2008, Mark Reed of the Le Mars Police Department responded to a complaint of loud noise and possible underage drinking. Reed arrived at an apartment complex and began checking identifications to determine whether its occupants were of legal age to consume alcohol. Brett Armstrong (Armstrong) identified himself to Reed as Jeremy Armstrong (Brett's brother) and provided Jeremy's date of birth and...

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