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State Of Iowa Vs. Robert Joseph Vance
2010 Iowa Sup. LEXIS 116
| Iowa | 2010
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Background

  • Vance was driving a car observed with a suspended owner; officer Berry investigated license status during a stop.
  • Berry knew Athena Smith (registered owner) had a suspended license and recalled prior related stops involving Vance.
  • Vance produced an ID showing license status barred; officer observed suspicious items and smelled meth-related chemicals.
  • A cellophane-wrapped item and various meth manufacture supplies were found in the vehicle; officer captured incriminating statements on a recorded line.
  • CVS receipt for pseudoephedrine (2.4 grams) tied to the time of purchase and vehicle stop; methamphetamine was later found in the car.
  • Vance was charged with possession of precursor products with intent to manufacture meth and driving while license barred; suppression motion denied.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Reasonable suspicion for investigatory stop Vance Berry Stop supported by reasonable suspicion
Sufficiency of evidence for pseudoephedrine with intent Vance State Substantial evidence supports conviction
Ineffective-assistance claim on direct appeal Vance State Claim not decided on direct appeal; preserved for postconviction

Key Cases Cited

  • Illinois v. Wardlow, 528 U.S. 119 (Supreme Court 2000) (establishes reasonable suspicion standard for stops)
  • Terry v. Ohio, 392 U.S. 1 (Supreme Court 1968) (reasonable, articulable suspicion required)
  • Kinkead, 570 N.W.2d 97 (Iowa 1997) (totality-of-circumstances standard for stops)
  • Arizona v. Gant, 129 S. Ct. 1710 (Supreme Court 2009) (limits Belton search-incident-to-arrest rule)
  • State v. Sanders, 312 N.W.2d 534 (Iowa 1981) (Iowa adopts Belton-like rule as state doctrine)
  • State v. Belton, 453 U.S. 454 (Supreme Court 1981) (broad search-incident-to-arrest in automobiles)
  • Thornton v. United States, 541 U.S. 615 (Supreme Court 2004) (further limits Belton's automobile-search rule)
  • State v. Newer, 742 N.W.2d 925 (Wisconsin 2007) (reasonableness of stop based on owner-driver inference)
Read the full case

Case Details

Case Name: State Of Iowa Vs. Robert Joseph Vance
Court Name: Supreme Court of Iowa
Date Published: Nov 19, 2010
Citation: 2010 Iowa Sup. LEXIS 116
Docket Number: 08–1762
Court Abbreviation: Iowa