WATERLOO, Iowa (AP) – A federal appeals court says a Waterloo officer was justified in stopping a drug suspect who was driving just barely over the speed limit. The 8th U.S. Circuit Court of Appeals ruled 2-1 on Tuesday that the officer’s belief that the car was speeding was reasonable based on the circumstances.

An analysis of dash cam video shows Geoffrey Gaffney drove an average speed of 35.8 miles per hour in a 35 zone during the nine seconds the officer observed him. During the stop, police found methamphetamine in Gaffney’s car. He later pleaded guilty to possession with intent to distribute and was sentenced to 24 years in prison.

Dissenting Judge Kermit Bye says the officer didn’t have sufficient basis for the stop and lacked credentials to visually estimate the car’s speed.