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Case No. 19-1311

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

State of Iowa
v.
Deborah Boley

Appellee

State of Iowa

Appellant

Deborah Boley

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Attorneys for Appellant

Robert G. Rehkemper

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1311
Date Published:
Jul 22, 2020
Summary

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J. Special concurrence by Ahlers, J.  (10 pages)

            Deborah Boley appeals her conviction for operating a motor vehicle while intoxicated, first offense, arguing that the district court wrongly denied her motion to suppress because the officers involved had neither probable cause coupled with exigent circumstances nor consent to justify the warrantless entry into her home.  OPINION HOLDS: We reverse and remand.  SPECIAL CONCURRENCE ASSERTS: I write separately for the purpose of reinforcing the principle that courts should not need to patch together conclusions drawn from a number of ambiguous facts in order to find consent.  Being unwilling to disregard the requirement that consent be unequivocal, I join in the decision to reverse the district court’s decision.

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