State of Iowa v. William Arthur Dewitt, 2012 Iowa Sup. LEXIS 23

Background

Dewitt was approached in a Davenport Walmart by plainclothes detectives investigating drug activity based on a confidential informant.
The informant described Dewitt and said he would sell marijuana at Walmart in a gray Lincoln Town Car with Illinois plate A244897.
Upon entering the store, detectives confronted Dewitt in an aisle, grabbed his arm, and escorted him outside; he resisted and was tackled and handcuffed, injuring his head.
A K-9 unit signaled drugs in the Lincoln; police obtained a search warrant and found about a pound of marijuana in the trunk.
Dewitt was charged with possession with intent to deliver, drug tax stamp act violation, and interference with official acts; he moved to suppress evidence and sought disclosure of the informant’s identity.
The district court denied suppression motions, ruled the stop reasonable based on reasonable suspicion, and Dewitt was convicted after a bench trial.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop’s force was reasonable under Fourth Amendment standards	Dewitt argues grabbing his arm for questioning was per se unreasonable	State contends force was permissible under Terry and tailored to the circumstances	Yes; force was reasonable under Terry and proportional to the threat.
Whether there was sufficient evidence of constructive possession of marijuana in the car	Dewitt contends he had insufficient knowledge/control of the drugs	State argues inference of knowledge/control supported by circumstances and Dewitt’s actions	Yes; sufficient evidence showed constructive possession given Dewitt’s vehicle control, proximity, and suspicious conduct.
Whether there was sufficient evidence to support interference with official acts	Dewitt claims no act within officer authority occurred	State asserts actions fell within duty to detain for investigation	Yes; the actions were supported by the officers’ legitimate investigative objectives under the circumstances.

Key Cases Cited

Terry v. Ohio, 392 U.S. 1 (1968) (brief investigatory detention permissible with reasonable suspicion of crime)
Graham v. Connor, 490 U.S. 386 (1989) (balance of intrusion vs. governmental interests in force during stops)
United States v. Place, 462 U.S. 696 (1983) (de minimis intrusion for stops outside vehicle; search context guidance)
Pennsylvania v. Mimms, 434 U.S. 106 (1977) (grabbing a suspect’s arm during a stop can be minimally intrusive)
Wilson v. United States, 519 U.S. 408 (1997) (context of safety and permitting detentions in stops)
Scott v. Harris, 550 U.S. 372 (2007) (context on assessing reasonableness with circumstantial evidence)
State v. Maxwell, 743 N.W.2d 185 (Iowa 2008) (constructive possession factors; vehicle possession guidance)
State v. Bash, 670 N.W.2d 135 (Iowa 2003) (constructive possession in non-exclusive possession cases)
State v. Atkinson, 620 N.W.2d 1 (Iowa 2000) (possession inference framework when not exclusive)
State v. Quinn, 691 N.W.2d 403 (Iowa 2005) (sufficiency in possession/knowledge evaluation)
State v. Carter, 696 N.W.2d 31 (Iowa 2005) (evidence framework for possession/knowledge)
State v. Reeves, 209 N.W.2d 18 (Iowa 1973) (exclusive vs joint possession; inference guidance)
State v. Brubaker, 805 N.W.2d 164 (Iowa 2011) (sufficiency and inference standards for possession)
State v. Cashen, 666 N.W.2d 566 (Iowa 2003) (possession analysis factors in Iowa)
United States v. Navarrete-Barron, 192 F.3d 786 (8th Cir. 1999) (reasonableness of force in stops; applicable circuit precedent)
Carmouche v. State, 10 S.W.3d 323 (Tex. Crim. App. 2000) (armed/dangerous suspicion standard in drug cases)
United States v. Perdue, 8 F.3d 1455 (10th Cir. 1993) (safety-based force considerations during detentions)