opinions

Case No. 20-0202 - Iowa Supreme Court Opinion

Criminal Law . Search & Seizure

"Trash survey was conducted in violation of his right against unreasonable searches and seizures under fourth and fourteenth amendments to the US Constitution." "Deputies physically trespassed on his protected effects and violated his reasonable expectation of privacy when they seized and searched his trash without a warrant."

Case No. 19-0180 - Iowa Supreme Court Opinion

Criminal Law . Search & Seizure

"We hold Officer Heinz conducted an unreasonable search and seizure in violation of article I, section 8 of the Iowa Constitution when he acted without a search warrant and removed opaque trash bags from waste bins set out for collection behind a residence, took possession of the trash bags, transported them to a different location, opened the bags, and searched through the contents. "

Case No. 79-6777 - US Supreme Court Opinion

Criminal Law . Search & Seizure

"The issue in this case is whether, under the Fourth Amendment, a law enforcement officer may legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant. Concluding that a search warrant must be obtained absent exigent circumstances *206 or consent, we reverse the judgment of the United States Court of Appeals for the Fifth Circuit affirming petitioner’s conviction "

Case No. 20-157 - US Supreme Court Opinion

Criminal Law . Search & Seizure

"Decades ago, this Court held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. Cady v. Dombrowski, 413 U. S. 433 (1973). In reaching this conclusion, the Court observed that police officers who patrol the “public highways” are often called to discharge noncriminal “community caretaking functions,” such as responding to disabled vehicles or investigating accidents. Id., at 441. The question today is whether Cady’s acknowledgment of these “caretaking” duties creates a standalone doctrine that justifies warrantless searches and seizures in the home. It does not."

Case No. 18-1590 - Iowa Supreme Court Opinion

Criminal Law . Search & Seizure

"Because the State did not establish an exception to the warrant requirement justifying the officer’s entry, all evidence discovered in Putz’s home must be suppressed. "

Case No. 19-0734 - Iowa Supreme Court Opinion

Criminal Law . Search & Seizure

"Defendants have a statutory right to refuse chemical testing, but that choice carries a statutory evidentiary consequence under Iowa Code section 321J.16: the test refusal is admissible in the criminal trial. We therefore reject defendant’s constitutional challenge to section 321J.16 and join the majority of courts holding that it is not an unconstitutional penalty to admit into evidence the defendant’s refusal to submit to a breath test. "