State of Iowa
v.
Brian Wayne Boyd
Appellee
State of Iowa
Appellant
Brian Wayne Boyd
Attorney for the Appellee
Israel Kodiaga and Anagha Dixit, Assistant Attorneys General
Attorney for the Appellant
R.A. Bartolomei
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Des Moines County, Mark Kruse, Judge. AFFIRMED. Heard by Bower, C.J., and Ahlers and Chicchelly, JJ. Opinion by Ahlers, J. (9 pages)
Brian Boyd appeals following his convictions for possession of a controlled substance with the intent to deliver and a drug tax stamp violation. He requests we overturn supreme court precedent to apply a different standard under the Iowa Constitution than the one used under the federal Constitution to assess claims that a probable cause affidavit included incorrect information. He challenges the district court’s denial of his request for a hearing in accordance with Franks v. Delaware, 438 U.S. 154, 155–156 (1978). And he argues the underlying search warrant was not supported by probable cause. OPINION HOLDS: We cannot overturn supreme court precedent. Boyd failed to make the preliminary showing necessary to warrant a Franks hearing. The warrant was supported by probable cause.
