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Case No. 22-0162

State of Iowa
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.

Trial Court Case No.:


State of Iowa


Jesse Jon Harbach

Attorney for the Resister

Israel Kodiaga

Attorney for the Applicant

Maria Ruhtenberg

Supreme Court

Oral Argument Schedule


Oct 10, 2023 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Feb 16, 2024
Date Amended:
Apr 17, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 11, 2023

            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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