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Case No. 18-1590

State of Iowa
David M. Putz


State of Iowa


David M. Putz

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Martha J. Lucey, State Appellate Defender, and Kerrigan Owens (until withdrawal), law student

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 04, 2020

            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.  (20 pages)


            David Putz appeals from his convictions for possession of marijuana with intent to deliver and sponsoring a gathering where controlled substances are used.  A police officer entered Putz’s home with girlfriend Carrie Carre to locate a juvenile he was told would be in their home.  Putz appeals the suppression ruling finding the officer’s entry did not violate his 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 specially concur for the reasons explained in my special concurrence in State v. Carre, No. 18-1584, 2020 WL _______ (Iowa Ct. App. Mar. 4, 2020), also filed today.  PARTIAL DISSENT ASSERTS: For the reasons stated in my partial dissent in State v. Carre, No. 18-1564, 2020 WL ____ (Iowa Ct. App. Mar. 4, 2020), also filed today, I would find the officer’s warrantless entry into the home falls under the community-caretaking exception to the warrant requirement.

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