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Case No. 18-1863

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

State of Iowa
v.
Kole Alexander Higgins

Appellee

State of Iowa

Appellant

Kole Alexander Higgins

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

James S. Nelsen

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1863
Date Published:
Apr 01, 2020
Summary

            Appeal from the Iowa District Court for Greene County, Joseph B. McCarville, District Associate Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Kole Higgins challenges his five drug-related convictions.  He claims the district court should have suppressed evidence found at his home during the execution of a search warrant not supported by probable cause.  OPINION HOLDS: The search warrant application offered no observations, direct or indirect, showing Higgins kept drugs in his home.  Without that nexus, the issuing magistrate did not have a substantial basis to find probable cause for the warrant. 

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