State v. Haviland

Matthew J. Haviland appeals from his conviction, following a bench trial, for possession of marijuana in violation of Iowa Code section 124.401(3) (1993). Haviland contends the district court erred in failing to suppress the marijuana found in his vehicle as evidence gathered pursuant to an illegal investigatory stop. We reverse the district court judgment.

As Haviland alleges a violation of his constitutional rights, our review is de novo. State v. Scott, 518 N.W.2d 347, 349 (Iowa 1994).

At trial, police officer Kevin Kruse testified as to the events that took place on the night in question.…