Iowa Supreme Court Holds Warrantless Search of a Backpack Unconstitutiona­­­l

The Iowa Supreme Court recently handed down a decision regarding evidence obtained after a police officer searched a closed backpack. A police officer conducted a warrantless search of the defendant’s backpack. However, a third party, not the defendant, consented to the search of the defendant’s backpack. The defendant’s counsel moved to suppress the evidence found…

Iowa Court of Appeals Holds That Police Officer Cannot Detain Occupants of a Vehicle Merely Because There Was Movement Inside of the Vehicle with Moisture on the Windows

Two individuals in a car after closing time were parked in a parking lot.  Police Officer while on routine patrol noticed two vehicles in a parking lot with their lights on.  The police officer could not tell if there were individuals inside the vehicles.  He continued on with his patrol and eventually drove by the same parking lot…

Iowa Supreme Court Rules Automated Traffic Enforcement Cameras Constitutional

Defendant, Michael Jacobsma, in this case challenged a citation that was issued to him for a speeding violation under an automated traffic enforcement ordinance enacted by the City of Sioux City.  Jacobsma challenged the ordinance, among other things, on constitutional grounds; more specifically that it violated due process, specifically substantive due process. Jacobsma’s main argument…

Iowa Supreme Court Holds That an Officer Was Obligated to Inform Defendant That Private, In-Person Attorney-Client Consultations Were Permitted on Site Once the Defendant Asked For, and Was Denied, Privacy During Teleconference with Attorney.

The Iowa Supreme Court revisited an arresting officer’s obligation to facilitate communications between an attorney and a person arrested for operating a motor vehicle while intoxicated.  The defendant in this case sought legal advice in determining whether to submit to a chemical breath test.  The defendant requested privacy during this telephone conference with his attorney. …