State of Iowa
v.
Kole Alexander Higgins
Appellee
State of Iowa
Appellant
Kole Alexander Higgins
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
James S. Nelsen
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Greene County, Joseph B. McCarville, District Associate Judge. REVERSED AND REMANDED. Heard by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Tabor, P.J. (14 pages)
Kole Higgins challenges his five drug-related convictions. He claims the district court should have suppressed evidence found at his home during the execution of a search warrant not supported by probable cause. OPINION HOLDS: The search warrant application offered no observations, direct or indirect, showing Higgins kept drugs in his home. Without that nexus, the issuing magistrate did not have a substantial basis to find probable cause for the warrant.
