CASE STATEMENT

 

No. 08-0412

 

Scott County No. SRCR306281

 

 

STATE OF IOWA,

          Plaintiff-Appellant-Resister

 

vs.

 

JAMES MAX OCHOA,

          Defendant-Appellee-Applicant.

 

Court of Appeals opinion writer: Vogel, P.J.

 

Trial Judge: Christine Dalton, District Associate Judge

 

Appellate Counsel:

          Thomas J. Miller, Attorney General, Mary Tabor and Cristen Douglass, Assistant Attorneys General, Michael J. Walton, County Attorney, and Alan Havercamp, Assistant County Attorney, for appellant.

 

         Mark C. Smith, State Appellate Defender, and Stephan J. Japuntich, Assistant Appellate Defender, for appellee.

 

Trial Counsel:

          Alan Havercamp, Assistant County Attorney, for appellant.

 

          David G. Morrison, Rock Island, Illinois, for appellee.

 

Ready date: 11-3-08

 

General case description: The court has granted further review of the court of appeals decision reversing the district court's order granting the parolee defendant's motion to suppress contraband found during a warrantless search of his hotel room. The court of appeals concluded that because the defendant's parole agreement stated he was subject to search, he did not have an expectation of privacy.