State v. Orozco

The defendant, Michael Orozco, was convicted of possession of marijuana, in violation of Iowa Code sections 124.401(3) and 124.204(4)(m) (1995). He appeals, challenging the admission of evidence obtained by a search incident to the issuance of a citation. See Iowa Code § 805.1(4). He argues a search incident to the issuance of a citation is an unconstitutional grant of authority to law enforcement. Orozco also raises a statutory challenge, contending Iowa Code section 805.9(3)(a)~(c) limits an officer’s authority to arrest an individual for a scheduled violation. We affirm.

I. Factual…