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You are here: Home / Crime / Courts / Appeals court orders new trial for Burlington woman over noise ordinance

Appeals court orders new trial for Burlington woman over noise ordinance

February 19, 2014 By Dar Danielson

The Iowa Court of Appeals has reversed the drug conviction of a Burlington woman that was the result of noise ordinance violation. Officer Ryan Smith stopped Laura Loots in April of 2012, saying he could hear music coming from her car over 50 feet away and she had violated the noise ordinance.

The officer found marijuana in the car and Loots was later convicted of violating the noise ordinance and possession of marijuana. Loots was given 30 days in jail, a $250 fine and had her driver’s license suspended for 180 days. She appealed, saying the traffic stop was not justified.

The Iowa Court of Appeals sided with Loots, finding the city noise ordinance also required the officer to prove the noise was causing a disturbance for it to be a violation. The court ruled the evidence in the traffic stop could not be used and Loots should get a new trial.

Here’s the full ruling: Loots ruling PDF

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Filed Under: Crime / Courts, News Tagged With: Drugs

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