Skip to main content
Iowa Judicial Branch
Main Content

Case No. 20-1462

State of Iowa
v.
Dominick Marcott

Appellee

State of Iowa

Appellant

Dominick Marcott

Attorneys for Appellee

Kyle P. Hanson, Assistant Attorney General

Attorneys for Appellant

Gary Dickey

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1462
Date Published:
May 11, 2022
Summary

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Schumacher, P.J.  (12 pages)

            In an interlocutory appeal, Dominick Marcott claims the district court should have granted his motion to suppress.  OPINION HOLDS: An officer searched the glove compartment and center console of Marcott’s vehicle, looking for evidence of Marcott’s identity, proof of insurance, and vehicle registration after Marcott refused the officer’s requests.  The State claims the search was valid under the automobile exception to the warrant requirement.  The officer did not have probable cause to believe evidence of a crime was in the vehicle, and there was no exigency requiring a search at that time.  We reverse the district court’s decision denying the motion to suppress and remand for further proceedings.

© 2022 Iowa Judicial Branch. All Rights Reserved.