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SMCR012711 - Case of Odebolt man accused of Possession of Drug Paraphernalia dismissed.pdf

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Page 1: SMCR012711 - Case of Odebolt man accused of Possession of Drug Paraphernalia dismissed.pdf
Page 2: SMCR012711 - Case of Odebolt man accused of Possession of Drug Paraphernalia dismissed.pdf

SAC COUNTY

2014066581Agency Case Number:

11/28/2014Arrest Date:

THE STATE OF IOWA

VS.

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

WERKMEISTER

Last

CLINT

First

WILLIAM

Middle Suffix

309 W 2ND ST

Address

ODEBOLT

City

IA

State

51458-0000

Zip Code

6/5/1972

Date of Birth

MALE

Gender

WHITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

IA

State

5' 10"

Height

180 LBS

Weight

BLUE - BLU

Eye Color

BROWN - BRO

Hair Color

OFFENDER

State Local

124.414

Code Section

POSSESSION OF DRUG PARAPHERNALIA

Crime Description

SMMS

Class

13 - HIGHWAY/ROAD/ALLEY

Location Type

IRA AVE 1/4 MI SOUTH OF 350TH ST

Literal Description

Address City State Zip Code

YES

Is Date and Time of Incident Known?

11/28/2014

Incident Date or Low Range Upper Date Range

13:56

Incident Time or Low Range Upper Time Range

OFFENSE

TAKEN INTO CUSTODY

1 - JAILED

CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

knowingly possess drug paraphernalia

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

knowingly possess drug paraphernalia

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime

STATE OF IOWA,

AFFIDAVIT

State all facts and persons relied upon supporting elements of alleged crime

THE DEFENDANT WAS STOPPED FOR A VIOLATION OF THE OPEN CONTAINER LAW. THE VIOLATION WAS OBSERVED ON IRA AVENUE APPROXIMATELY 14 MILE SOUTH OF 350TH STREET. THE TRAFFIC STOP WAS INITIATED JUST SOUTH OF D-59 ON IRA AVENUE. A PROBABLE CAUSE SEARCH WAS CONDUCTED. SITTING IN PLAIN VIEW IN THE CONSOLE BETWEEN THE FRONT SEATS WAS A SMALL ZIP LOCK BAG CONTAINING A WHITE POWDERY SUBSTANCE. ANOTHER BAG WAS FOUND IN A SUITCASE ON THE REAR SEAT. ALSO LOCATED WAS A PIPE USED TO SMOKE MARIJUANA.

THE DEFENDANT WAS STOPPED FOR A VIOLATION OF THE OPEN CONTAINER LAW. THE VIOLATION WAS OBSERVED ON IRA AVENUE APPROXIMATELY 14 MILE SOUTH OF 350TH STREET. THE TRAFFIC STOP WAS INITIATED JUST SOUTH OF D-59 ON IRA AVENUE. A PROBABLE CAUSE SEARCH WAS CONDUCTED. SITTING IN PLAIN VIEW IN THE CONSOLE BETWEEN THE FRONT SEATS WAS A SMALL ZIP LOCK BAG CONTAINING A WHITE POWDERY SUBSTANCE. ANOTHER BAG WAS FOUND IN A SUITCASE ON THE REAR SEAT. ALSO LOCATED WAS A PIPE USED TO SMOKE MARIJUANA.

LUKE, C 492

Signature of Complainant or Officer, Officer Name & Number

of Form #:PagePrinted At IOWA STATE PATROL - DIST 05 20140665811 212/1/2014 9:46 AM

E-FILED 2014 DEC 1 9:50 AM SAC - CLERK OF DISTRICT COURT

Page 3: SMCR012711 - Case of Odebolt man accused of Possession of Drug Paraphernalia dismissed.pdf

01 - POSSESSED DRUGS/PARAPHERNALIA

Defendant Implicated

Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury

GENERAL PROBABLE CAUSE

SAC COUNTY

11/28/2014

DENISE WOLTMANNotary Name Signature of Verifying Party

786032Commission Number

09/11/2017My Commission Expires Prosecuting AttorneyPeace Officer Notary

STATE OF IOWA,

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

of Form #:PagePrinted At of Form #:PagePrinted At IOWA STATE PATROL - DIST 05 20140665812 212/1/2014 9:46 AM 2 212/1/2014 9:46 AM

E-FILED 2014 DEC 1 9:50 AM SAC - CLERK OF DISTRICT COURT

Page 4: SMCR012711 - Case of Odebolt man accused of Possession of Drug Paraphernalia dismissed.pdf

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MAGISTRATE DIVISION

la I nil . • CoU.-ii , i - m , , SAC COUNTY

FILED

201 <i DEC-! PM 3: 33

STATE OF IOWA,

Plaintiff

vs. r

Defendant

Of* ^ day of f ^ ^ ^ e J On this

MAGISTRATE NO.

INITIAL APPEARANCE

20 > the Defendant herein appears before the undersigned Magna te in and for Sac County, having Jjeen charged with the crime of Operating While Intoxicated offense, being a violation of Section \ .5 . iK. of the Code of Iowa.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent That any statement made by the Defendant can and would be used against him/her in a Court of law. That he/she has the right to have an attorney present at all stages ofthe proceeding and, if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them.

That he/she is charged with a violation of Section Felony - Class

3<^ ^ • ̂ , which is classified as:

Aggravated Misdemeanor Serious Misdemeanor

That the maximum punishment for a plea of guilty or conviction ofthe above charge is a) One-¥CSF"County Jail - Minimum I days

"3k. Years Prison 7 j y o f And/Or a fine of not less than %" ' 0 or more than $

b).

You will lose your liceiujefor a minimum of'jljS days and cannot obtain a work permit for ^V. > days.

That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.

(a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serious misdemeanor; or (D) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release:

(1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while your license is under suspension. j(3) You must obey the laws of the State of Iowa and the United States.

1 \4) You are ordered to complete a substance abuse evaluation immediately at New Opportunities (Sac Citv - (712) 662-7921) or Compass Pointe (Storm Lake - (712) 732-5136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at P.O. Box 368, Sac City, IA 50583. YOU A R E NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF A N ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

*3poO -

i y<w

Us-

i ?|J £ Wu

Page 5: SMCR012711 - Case of Odebolt man accused of Possession of Drug Paraphernalia dismissed.pdf

6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county.

If a preliminary hearing date has been set, you should contact the county attorney at (712) 662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS F R O M THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator/at (641) 421-0990. (If you are hearing impaired, call Relay Iowa

7. The Defendant is. informed of his/her rights to a preliminary hearing and preliminary hearing is:

Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

TTY at 1-800-735-2942.)

Copies to:

County Attorney Defendant Sac County Sheriff

Page 6: SMCR012711 - Case of Odebolt man accused of Possession of Drug Paraphernalia dismissed.pdf

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. CLINT W WERKMEISTER , Defendant.

Case No: 02811 SMCR012711 ORDER OF DISMISSAL

Pursuant to plea agreement of the parties. IT IS ORDERED that this case is dismissed with costs to the Defendant. IT IS FURTHER ORDERED that any appearance bond posted is exonerated to the person postingthe same. Any companion charges are also dismissed with the costs taxed to the Defendant. Anyoutstanding warrants are rescinded.

1 of 2

E-FILED 2015 MAR 18 9:17 AM SAC - CLERK OF DISTRICT COURT

Page 7: SMCR012711 - Case of Odebolt man accused of Possession of Drug Paraphernalia dismissed.pdf

State of Iowa CourtsCase Number Case TitleSMCR012711 STATE OF IOWA VS WERKMEISTER, CLINT WType: ORDER OF DISPOSITION

So Ordered

Electronically signed on 2015-03-18 09:16:27

2 of 2

E-FILED 2015 MAR 18 9:17 AM SAC - CLERK OF DISTRICT COURT