State of Iowa
v.
Dustin Dean Devries
Appellee
State of Iowa
Appellant
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:
Summary
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.
