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State v. Sousa

Court of Appeals of Iowa.
Aug 22, 2012
821 N.W.2d 780 (Iowa Ct. App. 2012)

Opinion

No. 11–2055.

2012-08-22

STATE of Iowa, Plaintiff–Appellee, v. Brandon Joseph SOUSA, Defendant–Appellant.

Appeal from the Iowa District Court for Polk County, Gregory D. Brandt (Motion to Suppress and Stipulated Trial) and William A. Price (Sentencing), District Associate Judges. Defendant appeals the district court's denial of his motion to suppress. AFFIRMED. Erin M. Carr of Carr & Wright, P.L.C., Des Moines, for appellant. Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, John Sarcone, County Attorney, and Brendan Greiner, Assistant County Attorney, for appellee.


Appeal from the Iowa District Court for Polk County, Gregory D. Brandt (Motion to Suppress and Stipulated Trial) and William A. Price (Sentencing), District Associate Judges.
Defendant appeals the district court's denial of his motion to suppress. AFFIRMED.
Erin M. Carr of Carr & Wright, P.L.C., Des Moines, for appellant. Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, John Sarcone, County Attorney, and Brendan Greiner, Assistant County Attorney, for appellee.
Considered by VOGEL, P.J., and DANILSON and MULLINS, JJ.

MULLINS, J.

Brandon Sousa appeals the district court's order denying his motion to suppress the evidence obtained following a traffic stop. Sousa asserts the police officer, who stopped his vehicle for a seat belt violation, lacked reasonable suspicion or probable cause to (1) conduct field sobriety tests, (2) request a preliminary breath test, (3) invoke implied consent, or (4) detain him for testing. The district court fully and properly addressed each of these claims in its denial of Sousa's motion to suppress the results of his drug test. Therefore, we affirm the district court's order pursuant to Iowa Court Rule 21.29(1)(d) and (e).

AFFIRMED.


Summaries of

State v. Sousa

Court of Appeals of Iowa.
Aug 22, 2012
821 N.W.2d 780 (Iowa Ct. App. 2012)
Case details for

State v. Sousa

Case Details

Full title:STATE of Iowa, Plaintiff–Appellee, v. Brandon Joseph SOUSA…

Court:Court of Appeals of Iowa.

Date published: Aug 22, 2012

Citations

821 N.W.2d 780 (Iowa Ct. App. 2012)

Citing Cases

State v. Sousa

In any event, this court has affirmed the denial of his motion to suppress. See State v. Sousa, No. 11–2055,…