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Case No. 17-1794

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

State of Iowa
v.
Jerald David Frost

Appellee

State of Iowa

Appellant

Jerald David Frost

Attorneys for Appellee

Zachary C. Miller, Assistant Attorney General

Attorneys for Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1794
Date Published:
Aug 15, 2018
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.

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