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State of Iowa
v.
Ryan Patrick Richter, Jr.
Appellee
State of Iowa
Appellant
Ryan Patrick Richter, Jr.
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Michelle M. Wagner and Patrice Eichman, District Associate Judges. CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART; SENTENCES AFFIRMED IN PART AND VACATED IN PART; ORDER FOR FIREARM PROHIBITION VACATED; AND CASE REMANDED. Heard by Bower, C.J., and Tabor and Chicchelly, JJ. Opinion by Bower, C.J. (15 pages)
Ryan Richter appeals the denial of his motion to suppress and the entry of an order for firearm prohibition. As to the motion to suppress, Richter argues the seizure and search of his vehicle was unconstitutional under the federal and state constitutions because a police officer’s acts of entering his vehicle and moving it were not justified by the public servant branch of the community caretaking exception to the warrant requirement. As to the firearm prohibition, Richter argues the court was without statutory authority to impose it and it violates his constitutional right to bear arms under the federal and state constitutions. OPINION HOLDS: We reverse the district court’s denial of Richter’s motion to suppress, reverse the marijuana conviction, vacate the sentence imposed on that conviction, and remand for further proceedings. Because the firearm prohibition was premised solely on the marijuana conviction, we likewise vacate the separate order for firearm prohibition.
