State v. Smith

SACKETT, Presiding Judge.

Defendant-appellant John Paul Smith appeals his conviction and sentence on one count of possession of marijuana. Defendant, who was tried without a jury, contends the district court erred in not dismissing the charges against him pursuant to Iowa Rule of Criminal Procedure 27(2)(a). He contends the district court erroneously determined he had not been arrested for purposes of the rule. We affirm.

On October 29, 1993, the Black Hawk County sheriffs office obtained a search warrant to search defendant’s home where he lived with Shirley May. When the officers tried to…