Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Mai

Court of Appeals of Iowa

September 11, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
KOMUT MAI, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Carla Schemmel, Judge.

         A defendant appeals his conviction following the denial of his motion to suppress.

          Beau A. Bergmann of Bergmann Law Firm, P.L.L.C., Mt. Pleasant, for appellant.

          Thomas J. Miller, Attorney General, and Zachary Miller, Assistant Attorney General, for appellee.

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

          Bower, Judge.

         Komut Mai appeals the judgment and sentence following the denial of his motion to suppress. Mai maintains the officer did not have reasonable suspicion to stop the vehicle in which he was a passenger. Because we find the officer did not have a reasonable, articulable suspicion to stop the vehicle, we reverse the denial of Mai's motion to suppress and remand for further proceedings.

         I. Background Facts & Proceedings

         On January 24, 2017, at around 6:00 p.m., Des Moines Police Officer Ryan Garrett received a radio report of reckless driving by a silver Audi. The report included the Audi's license plate number. The officer drove to the reported location to look for the vehicle. While looking, he received a second report of a man in the same silver Audi pointing a gun at the 911 caller. As the officer drove north on 24th Street, a woman driving a southbound vehicle stopped to tell him the vehicles he was looking for were just behind her.

         Officer Garrett activated his lights and stopped two vehicles: a silver Audi with the license plate number identified in the 911 calls and a tan Chevy Impala. Four persons were in the Audi, two were in the Chevy. Mai was the passenger in the Chevy. Prior to stopping the vehicles, Officer Garrett did not witness any reckless driving and did not see the reported gun.

         Backup officers arrived to assist Officer Garrett, who had drawn his service weapon on the vehicles, and everyone was ordered out of both vehicles. During the subsequent searches of the vehicle occupants, marijuana and cash were found in Mai's pocket.

         Mai filed a motion to suppress, asserting the stop of the vehicle he was in was illegal and all evidence obtained from the stop should be suppressed. The district court found the eyewitness report telling the officer "the two cars behind her were the ones involved" considered together with the earlier 911 reports about the silver Audi constituted reasonable suspicion to stop the Chevy as well as the Audi. The court denied Mai's motion.

         Following a trial on the minutes of testimony, the court found Mai guilty of possession of a controlled substance with intent to deliver. Mai appeals.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.