State of Iowa
v.
Dominick Marcott
Appellee
State of Iowa
Appellant
Dominick Marcott
Attorney for the Appellee
Kyle P. Hanson, Assistant Attorney General
Attorney for the Appellant
Gary Dickey
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
