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State of Iowa
v.
Jerald David Frost
Appellee
State of Iowa
Appellant
Jerald David Frost
Attorney for the Appellee
Zachary C. Miller, Assistant Attorney General
Attorney for the Appellant
Stephan J. Japuntich, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Russell G. Keast, Nicholas L. Scott, and Casey D. Jones, District Associate Judges. REVERSED AND REMANDED. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Tabor, J. Partial Dissent by Vogel, J. (12 pages)
Jerald Frost appeals the district court’s denial of a motion to suppress evidence prior to a guilty verdict for possession of methamphetamine. He argues police violated his constitutional protection against unreasonable search and seizure when they removed and opened several closed containers discovered in his pocket during a patdown search. OPINION HOLDS: The record shows police did not seize Frost and Frost voluntarily consented to a patdown search. During the patdown search, police exceeded the scope of Frost’s consent by searching inside his pocket, removing the containers, and opening them. Because the search of the pocket and containers was impermissible, the resulting evidence should have been suppressed. We reverse the district court’s judgment of conviction and remand for a new trial in which the impermissible evidence is excluded. PARTIAL DISSENT ASSERTS: I believe the record reveals that Frost consented to the search of his person.
