State of Iowa
v.
Clinton Joel Conkey
Appellee
State of Iowa
Appellant
Clinton Joel Conkey
Attorney for the Appellee
Sharon K. Hall, Assistant Attorney General
Attorney for the Appellant
Priscilla E. Forsyth
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (21 pages)
Clinton Conkey appeals his convictions in three consolidated cases for several drug-related offenses and carrying a dangerous weapon. He moved to suppress in each case based on his constitutional protection against unreasonable searches and seizures, and the district court denied all three of them. Now challenging those suppression rulings, Conkey reprises his constitutional arguments from his motions to suppress. OPINION HOLDS: Finding exceptions to the warrant requirement in the first two cases, we uphold the four underlying convictions. But we reverse the convictions for possession of methamphetamine and carrying a dangerous weapon in the third case, finding the court should have suppressed the evidence found as a result of an unlawful seizure. We remand for entry of judgment consistent with this opinion and for resentencing on the remaining convictions.
