State of Iowa
v.
Carrie Ann Carre
Appellee
State of Iowa
Appellant
Carrie Ann Carre
Attorney for the Appellee
Timothy M. Hau and Bridget A. Chambers, Assistant Attorneys General
Attorney for the Appellant
Scott M. Wadding
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jasper County, Terry Rickers, Judge. REVERSED AND REMANDED. Heard by Bower, C.J., and Tabor, Mullins, May and Greer, JJ. Opinion by Tabor, J. Special Concurrence by May, J. Partial Dissent by Greer, J. (30 pages)
Carrie Carre appeals from her convictions for possession of methamphetamine with intent to deliver and sponsoring a gathering where controlled substances are used. A police officer entered Carre’s home with boyfriend David Putz to locate a juvenile he was told would be in their home. Carre appeals the suppression ruling finding the officer’s entry did not violate her constitutional rights. OPINION HOLDS: Because the State failed to show a recognized exception to the warrant requirement justified the entry, we reverse the suppression ruling and remand for further proceedings consistent with this opinion. SPECIAL CONCURRENCE ASSERTS: I accept the district court’s conclusion concerning the officer’s motivation for entering the home. Still, I agree we must reverse because (1) Officer Hansen entered the home without a warrant and (2) the State failed to prove any recognized exception to the warrant requirement. PARTIAL DISSENTS ASSERTS: While I concur with the majority that there was not probable cause coupled with exigent circumstances to support the warrantless entry, I believe the State has shown the officer’s actions fall under the community-caretaking exception to the warrant requirement. I would affirm the district court’s ruling on that issue.
