Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-0690

State of Iowa
Dustin Dean Devries


State of Iowa


Dustin Dean Devries

Attorney for the Appellee

Kyle Hanson, Assistant Attorney General

Attorney for the Appellant

Kimberly K. Smith

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Dec 19, 2018

            Appeal from the Iowa District Court for Chickasaw County, Kellyann M. Lekar and Richard D. Stochl, Judges.  AFFIRMED.  Considered by Danilson, C.J., Vogel, J., and Mahan, S.J.  Opinion by Mahan, S.J.  Dissent by Danilson, C.J.  (8 pages)

            Dustin Devries appeals his convictions for theft in the second degree and absence from custody, claiming the district court erred in denying his motion to suppress evidence found on his property during a warrantless search.  OPINION HOLDS: Upon our review, we affirm the district court’s denial of Devries’ motion to suppress.  DISSENT ASSERTS: I respectfully dissent from the determination of the majority that the officers were in a place they were legally entitled to be.  Without a valid premise of legal entitlement, the warrant cannot stand.   

© 2024 Iowa Judicial Branch. All Rights Reserved.