State of Iowa
v.
Patrick Scullark
The defendant appealed his convictions for possession of methamphetamine with intent to deliver and failure to affix a tax stamp challenging the district court’s denial of defendant’s motion to suppress drugs found in his fanny pack. The district court ruled the search of the fanny pack was reasonable under the search-incident-to-arrest exception to the warrant requirement. The court of appeals reversed the district court’s suppression ruling finding the search did not meet the incident-to-arrest exception because the defendant had no realistic ability to access the fanny pack after he was handcuffed and escorted to the patrol car. The State seeks further review.
Applicant
State of Iowa
Resister
Patrick Scullark
Attorney for the Applicant
Timothy M. Hau
Attorney for the Resister
Josh Irwin
Supreme Court
Oral Argument Schedule
15-15-5
Feb 17, 2025 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge. REVERSED AND REMANDED. Considered by Tabor, C.J., and Badding and Buller, JJ. Opinion by Tabor, C.J. Dissent by Buller, J. (29 pages)
A defendant appeals his convictions for possession of methamphetamine with intent to deliver and failure to affix a tax stamp stemming from a search of his bag during his arrest. OPINION HOLDS: Because the defendant had no realistic ability to access the fanny pack after he was handcuffed and escorted to the patrol car, the search did not meet the incident-to-arrest exception to the warrant requirement. Thus, we reverse the suppression ruling and remand for further proceedings. DISSENT ASSERTS: As I would follow longstanding state and federal law on search incident to arrest instead of placing officers at risk, I dissent.