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State v. Williams8/29/2001
Appeal from the Iowa District Court for Henry County, John G. Linn (suppression hearing), and William L. Dowell (trial and sentencing), Judges.
Defendant appeals from the judgment and sentence entered upon jury verdicts finding him guilty of possession of cocaine with intent to deliver, in violation of Iowa Code section 124.401(1) (1999), operating while intoxicated in violation of section 321J.2, and failure to affix a drug tax stamp in violation of section 453B.12.
AFFIRMED.
Guy Williams appeals his conviction following a jury trial of possession of cocaine with intent to deliver, operating while intoxicated, and failure to affix a drug tax stamp. He contends the district court erred in failing to grant his motion to suppress. Finding no merit in his contention, we affirm.
I. Background Facts and Proceedings.
On September 2, 1999, New London chief of police Ty Thompson received a radio dispatch regarding a possible erratic driver in the area. The dispatch advised that a red Ford Explorer was being driven erratically heading east-bound on Highway 34. Thompson spotted the Explorer and observed other motorists pointing towards the suspect's vehicle. Motorists in the vicinity maneuvered so that Chief Thompson could turn around, which allowed him to follow the vehicle for about ten blocks. Chief Thompson observed no erratic driving; however, he noticed the Explorer's windshield was broken on the passenger's side and that cracks from an apparent impact to the windshield had "spider webbed" across the entire width of the windshield, including the driver's side.
Chief Thompson stopped the vehicle. Immediately after the stop, the passenger got out of the Explorer and came toward the patrol car. Chief Thompson ordered the passenger to return to the vehicle.
Thompson approached the driver's side of the vehicle and asked the driver to roll down his window. As soon as the driver complied, Thompson noticed a strong odor of alcohol emanating from the vehicle. Guy Lee Williams was the driver of the Explorer. Neither Williams nor the passenger could produce a driver's license or other identification.
Williams initially identified himself as Terry Lee Jackson. He could not produce a vehicle registration or name the owner of the Explorer. Eventually, the passenger produced a vehicle registration. Chief Thompson called the listed owner, who stated he could not remember who he had loaned the vehicle to, but stated one guy's name was Mike. The passenger in the vehicle indicated his name was Michael Warfield. Chief Thompson had both occupants exit the vehicle and sit on the curb. He conducted a pat-down search for weapons on the occupants.
Williams and Warfield then gave consent to search the vehicle. Using a narcotics detection police dog, Thompson discovered a baggie of marijuana in the console between the front seats of the Explorer. The passenger admitted the marijuana was his. Thompson returned to his patrol vehicle and began to write a citation. While doing so, he noticed Williams reach into his pants pocket and toss a piece of clear plastic containing an off-white substance into a nearby grassy ditch.
Williams then pulled up some grass, walked over to where the package was, and dropped the grass on top of it. He placed his foot over the package and pushed downward. Thompson asked Williams to return to the curb and sit down.
Deputy Dean Walter arrived on the scene as a back-up to Thompson. Thompson handed a traffic citation to Williams and asked him to sign it. Williams began to sign the citation but then scratched out what he had written and signed the name "Terry Lee Jackson."<
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