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State v. Jimmison

Court of Appeals of Iowa

June 6, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
TANOR D. JIMMISON, Defendant-Appellant.

          Appeal from the Iowa District Court for Cass County, James M. Richardson (motion to suppress) and Gregory W. Steensland (trial), Judges.

         Tanor Jimmison appeals his convictions for driving while barred and operating while intoxicated.

          Joel Baxter of Wild, Baxter & Sand, P.C., Guthrie Center, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Doyle and Bower, JJ.

          DOYLE, Judge.

         Tanor Jimmison appeals his convictions for driving while barred and operating while intoxicated. He contends the district court erred in denying his motion to suppress evidence obtained during and after an unlawful investigatory stop. He also contends his trial counsel provided ineffective assistance in several respects.

         I. Background Facts and Proceedings.

         On May 26, 2016, the following message was broadcast to law enforcement:

All Officers, special attention Highway 71. Right now it's going to be between Clarinda and Atlantic. Attempt to locate a Black GMC Terrain, Iowa Plates 918 zebra, king, nora. . . . We have third-party caller advising of a female subject travelling with a male that she believes is on meth. All over the road. An updated location will be 71 and 92, its current location. Again it's 918 zebra, king, nora. Male subject on 10-200 on his way to Cedar Rapids for Court. Atlantic clear at 949.

         Atlantic Police Officer Timothy Olsen located the vehicle in the parking lot of a Burger King in Atlantic. The officer observed the vehicle pull into one of the parking places before the driver, later identified as Jimmison, and passenger exited. Officer Olsen approached Jimmison, apprised him that law enforcement had received a complaint about his driving, and requested identification. Jimmison appeared "visibly upset with being in contact with law enforcement" and initially refused to give the officer his name. Officer Olsen informed Jimmison that "he was being detained for an investigation into the complaint" but that he was not under arrest. After Jimmison provided the officer with his name and date of birth, Officer Olsen learned Jimmison's driver's license was "barred."

         Based on his observations of Jimmison's appearance and demeanor, Officer Olsen suspected Jimmison was under the influence of a drug and conducted field sobriety tests after transporting Jimmison to the jail. Although a preliminary breath test revealed Jimmison had no alcohol in his system, the field sobriety tests indicated Jimmison was impaired. Deputy Sheriff Bartholomew, a drug recognition expert, believed Jimmison was under the influence of a drug.

         The State charged Jimmison with driving while barred and operating while intoxicated. Jimmison filed a motion to suppress, alleging his constitutional rights were violated because Officer Olsen did not have the reasonable suspicion necessary to justify the investigatory stop. The district court overruled the motion. After Jimmison agreed to a bench trial on the minutes of evidence, the district court found him guilty on both counts.

         II. ...


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