State of Iowa v. Ashlee Marie Mumford

Ashlee Marie Mumford appeals her convictions for possession of marijuana - first offense, a serious misdemeanor under Iowa Code section 124.401(5)(b), and possession of drug paraphernalia, a simple misdemeanor, in violation of Iowa Code section 124.414. The court treated Mumford’s notice of appeal regarding the simple misdemeanor as an application for discretionary review and granted the application. Mumford argues: (1) the officer did not have probable cause to stop her vehicle due to a violation of Iowa Code section 321.38; (2) the drug K-9 deliberately made physical contact with the vehicle beyond a “free air sniff” for the purposes of discovering information about the contents; (3) substantial evidence does not support the conviction for possession of marijuana; and (4) the district court abused its discretion in denying her motion in arrest of judgment regarding the identification or marijuana.

Holding: The defendant contends the district court erred in denying her motion to suppress evidence and challenges the sufficiency of the evidence supporting her conviction for possession of marijuana. Affirmed.