State of Iowa
v.
Joellen Marie Eckert
Appellee
State of Iowa
Appellant
Joellen Marie Eckert
Attorney for the Appellee
Katherine Wenman, Assistant Attorney General
Attorney for the Appellant
Joseph C. Glazebrook
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Cheryl Traum, Judge. AFFIRMED. Considered by Schumacher, P.J., Buller, J., and Potterfield, S.J. Opinion by Schumacher, P.J. Dissent by Potterfield, S.J. (8 pages)
Joellen Eckert appeals the denial of her motion to suppress. She asserts her arrest was not supported by probable cause and thus the search of her purse was not conducted incident to a lawful arrest. OPINION HOLDS: Upon our review, we determine the officers had probable cause to arrest Eckert and affirm the district’s court denial of her motion to suppress. DISSENT ASSERTS: While I agree that officers had probable cause to arrest Eckert, I would not end the analysis there. I understand her challenge on appeal to encompass a broader question—does application of the search-incident-to-arrest exception support the warrantless search of her purse when neither officer safety nor destruction of evidence was a concern? Because I conclude it does not, I respectfully dissent from the majority.
