Defense counsel overlooked a valid motion to suppress, and that’s prejudice. Conviction reversed and remanded. A motion was filed, but denied by the trial court as untimely. [Why couldn't the trial court see this coming?] State v. Hollie, 2013 Iowa App. LEXIS 707 (June 26, 2013).
Defense counsel did not file a motion to suppress that would have been meritless under the automobile exception, so there was no duty to file one. Caldwell v. State, 2013 Iowa App. LEXIS 669 (June 26, 2013).
As defendant was being pulled over for a taillight infraction, “McCoy made a furtive movement toward the center console as he stopped his car, a movement that was captured on a police recording of the incident.” When the officer looked in the car there were marijuana seeds scattered about. Defendant said they were left over from a previous drug arrest in the car. There was probable cause to search the car. State v. McCoy, 2013 Iowa App. LEXIS 674 (June 26, 2013).*
A CI (probably a citizen informant) reported likely hand-to-hand drug sales occurring out of a described car in front of a Radio Shack. The car was found and that was sufficient information for the officers to encounter the occupants. State v. Hill, 2013 Iowa App. LEXIS 698 (June 26, 2013).*
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