State v. Scheffert

A law enforcement officer in this case had probable cause to stop a motorist’s vehicle when it was on a county access road after hours.The district court denied the motorist’s motion to suppress the evidence and convicted the motorist of possession of a controlled substance. The Supreme Court reversed the judgment of the district court, holding that the officer did not have probable cause or reasonable suspicion to stop the motorist’s vehicle. Thereafter, the Court granted the State’s petition for rehearing and withdrew its original petition. Upon further consideration, the Court held that the officer had probable cause to stop the motorist’s vehicle because, at the time the officer stopped the motorist, the closing time in the area where the officer found the motorist’s vehicle was 10:30 p.m., and the officer stopped the motorist after 10:30 p.m. Therefore, at the time of the stop, the officer had probable cause to stop the motorist’s vehicle under the Iowa Constitution. View "State v. Scheffert" on Justia Law