State of Iowa
v.
David M. Putz
Appellee
State of Iowa
Appellant
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:
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. (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.
