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Case No. 17-0690

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Dustin Dean Devries

Appellee

State of Iowa

Appellant

Dustin Dean Devries

Attorneys for Appellee

Kyle Hanson, Assistant Attorney General

Attorneys for Appellant

Kimberly K. Smith

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0690
Date Published:
Dec 19, 2018
Summary

            Appeal from the Iowa District Court for Chickasaw County, Kellyann M. Lekar and Richard D. Stochl, Judges.  AFFIRMED.  Considered by Danilson, C.J., Vogel, J., and Mahan, S.J.  Opinion by Mahan, S.J.  Dissent by Danilson, C.J.  (8 pages)

            Dustin Devries appeals his convictions for theft in the second degree and absence from custody, claiming the district court erred in denying his motion to suppress evidence found on his property during a warrantless search.  OPINION HOLDS: Upon our review, we affirm the district court’s denial of Devries’ motion to suppress.  DISSENT ASSERTS: I respectfully dissent from the determination of the majority that the officers were in a place they were legally entitled to be.  Without a valid premise of legal entitlement, the warrant cannot stand.   

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