State of Iowa
v.
Deborah Boley
Appellee
State of Iowa
Appellant
Deborah Boley
Attorney for the Appellee
Israel Kodiaga, Assistant Attorney General
Attorney for the Appellant
Robert G. Rehkemper
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge. REVERSED AND REMANDED. Heard by Vaitheswaran, P.J., and Mullins and Ahlers, JJ. Opinion by Vaitheswaran, P.J. Special concurrence by Ahlers, J. (10 pages)
Deborah Boley appeals her conviction for operating a motor vehicle while intoxicated, first offense, arguing that the district court wrongly denied her motion to suppress because the officers involved had neither probable cause coupled with exigent circumstances nor consent to justify the warrantless entry into her home. OPINION HOLDS: We reverse and remand. SPECIAL CONCURRENCE ASSERTS: I write separately for the purpose of reinforcing the principle that courts should not need to patch together conclusions drawn from a number of ambiguous facts in order to find consent. Being unwilling to disregard the requirement that consent be unequivocal, I join in the decision to reverse the district court’s decision.
