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STATE v. WITTENBERG

No. 22-0037.

997 N.W.2d 665 (2023)

STATE of Iowa, Appellee, v. Donald Melvin WITTENBERG, Appellant.

Supreme Court of Iowa.

Filed November 17, 2023.

Attorney(s) appearing for the Case

Martha Lucey , Appellate Defender; Josh Irwin , Assistant Appellate Defender; Danielle Dunne (until withdrawal), law student, for appellant.

Brenna Bird , Attorney General, and Genevieve Reinkoester , Assistant Attorney General, for appellee.

Waterman, J., delivered the opinion of the court in which all participating justices joined. May, J., took no part in the consideration or decision of the case.

In this appeal, and in State v. Cyrus, 997 N.W.2d 671 (Iowa 2023), also decided today, each defendant argues his initial encounter with police constituted a seizure in violation of the Fourth Amendment to the U.S. Constitution and article I, section 8 of the Iowa Constitution. In both cases, officers trained a spotlight...

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