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Case No. 22-0162

State of Iowa
v.
Jesse Jon Harbach

Appellant sought discretionary review from the district court’s order granting appellee’s motion to suppress the evidence from a search warrant allegedly obtained because of false statements in the supporting affidavit. Appellee seeks further review of the opinion of the court of appeals reversing the district court’s order, arguing the district court properly determined that, pursuant to Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978), probable cause was lacking after the allegedly false statements were excluded from consideration.

County:
Delaware
Trial Court Case No.:
OWCR014367

Resister

State of Iowa

Applicant

Jesse Jon Harbach

Attorney for the Resister

Israel Kodiaga

Attorney for the Applicant

Maria Ruhtenberg

Supreme Court

Oral Argument Schedule

Non-Oral

Oct 10, 2023 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
22-0162
Date Published:
Feb 16, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0162
Date Published:
Jan 11, 2023
Summary

            Appeal from the Iowa District Court for Delaware County, Monica Ackley, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (16 pages)

            After the district court granted Jesse Harbach’s motion to suppress evidence seized pursuant to a warrant, the State applied for and was granted discretionary review of the ruling.  The State argues the district court misapplied case law in suppressing the evidence based on its determination the warrant application contained a false statement which was made knowingly and intentionally or with reckless disregard for the truth and, without the statement, the application failed to establish probable cause.  OPINION HOLDS: Because there was probable cause of Harbach’s impairment even without the deputy’s false statements, we reverse the district court’s suppression ruling and remand.

Other Information

Date Further Review is Granted:
Jun 06, 2023
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