State of Iowa v. Lydell Jerome Stewart
State of Iowa v. Lydell Jerome Stewart
Opinion
Lydell Stewart was found guilty, following a bench trial on the minutes of evidence, of possession of a controlled substance, marijuana. On appeal, he claims the district court erred in denying his motion to suppress evidence discovered during the warrantless search of the vehicle he was driving because the police officer lacked probable cause. Because we agree with the district court that the automobile exception applies to this set of facts, we affirm the district court's denial of Stewart's motion to suppress.
On April 7, 2016, a Black Hawk County Sheriff's Deputy pulled over Stewart for a broken taillight. Stewart was driving his girlfriend's vehicle. As the deputy approached the vehicle, Stewart rolled down the driver's side window, and the deputy smelled a "very strong" odor of marijuana coming from inside the vehicle. During the deputy's twelve years with the Sheriff's office, he had extensive experience detecting the smell of marijuana and estimated he encountered the smell almost daily. The deputy also noticed Stewart had bloodshot and watery eyes. The deputy then asked Stewart about the odor, and Stewart admitted to smoking marijuana earlier but not while he was in the vehicle. The deputy called for backup; while one officer stood with Stewart between the stopped vehicle and the deputy's vehicle, another sheriff's deputy approached the passenger window of the stopped vehicle and detected a "faint" odor of marijuana coming from the vehicle.
The deputy performed a pat-down search of Stewart, but he did not locate anything illegal. Stewart maintained he did not smoke in the vehicle, but the deputy performed a search of the vehicle. The deputy believed he located a marijuana cigarette or blunt-approximately two to three inches long-and possibly some used marijuana cigarettes, or "roaches," in the center console area. The backup deputy smelled the cigarette or blunt and also believed it contained marijuana.
Stewart filed a motion to suppress the marijuana found during the vehicle search. After a hearing, the district court denied the motion. Stewart waived his right to a jury trial, and stipulated to the minutes of evidence. The court found Stewart guilty and sentenced him to 180 days in jail-all but thirty days suspended-and placed him on probation. He appeals, contesting the district court's denial of his motion to suppress.
Warrantless searches are per se unreasonable unless they fall within the carefully drawn exceptions to the warrant requirement.
State v. Gaskins
,
In addressing the smell of marijuana supporting a vehicle search, our supreme court has held "a trained officer's detection of a sufficiently distinctive odor, by itself or when accompanied by other facts, may establish probable cause."
State v. Watts
,
AFFIRMED.
Stewart asserts we should find "the Iowa Constitution requires more than the smell of marijuana alone to constitute probable cause to search." We decline to extend beyond what our supreme court has articulated as the standard applicable in Iowa.
See
State v. Storm
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.