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