from the Iowa District Court for Jasper County, Terry R.
defendant appeals his conviction asserting a jury instruction
error, insufficient evidence, and a violation of his Fourth
Amendment rights. AFFIRMED.
Nicholas B. Dial of Dial Law Office, P.C., West Des Moines,
J. Miller, Attorney General, and Bridget A. Chambers,
Assistant Attorney General, for appellee.
Considered by Tabor, P.J., Mullins, J., and Scott, S.J.
Fehrer appeals his convictions for possession of
methamphetamine as an habitual offender, in violation of Iowa
Code sections 124.401(5) and 902.8 (2015), and dissemination
of obscene materials to a minor, in violation of Iowa Code
section 728.2. He asserts the court incorrectly denied his
request to include in the marshalling instruction for the
dissemination charge a requirement that he knew the
complaining witness was under the age of eighteen. He also
asserts insufficient evidence supports that conviction.
Finally, he claims the district court incorrectly denied in
part his motion to suppress evidence seized from his house
that he contends was outside the scope of a search warrant.
For the reasons stated herein, we affirm his convictions.
Background Facts and Proceedings.
first contacted the complaining witness, who lived in
Minnesota, through a mobile social media chat application.
Initially, both Fehrer and the complaining witness lied about
their ages. Fehrer maintained he was nineteen, when he was
actually fifty-one; the complaining witness initially told
Fehrer she was eighteen, but within a few weeks, she
truthfully informed him she was sixteen years old. The two
communicated regularly, and the conversations, via social
media and email, became romantic. By March 2015, Fehrer sent
pictures of his erect penis and a video of him masturbating
to the complaining witness. The complaining witness testified
the pictures and video were sent to her by Fehrer after she
told him she was sixteen.
complaining witness's mother became aware of the
communication and reported the information to local police,
who were able to determine Fehrer was the person seen in the
photographs and video on the complaining witness's phone.
The police obtained a search warrant for Fehrer's home,
and during the execution of that warrant, police located a
glass methamphetamine pipe and a clear plastic bag containing
residue of what was later determined to be methamphetamine.
State charged Fehrer with possession of methamphetamine as an
habitual offender and dissemination of obscene materials to a
minor. Fehrer filed a motion to suppress the drug evidence,
asserting the search warrant was an invalid general warrant,
but the court denied his motion in part. Fehrer was convicted
as charged following a jury trial. Fehrer was sentenced to
prison for fifteen years on the possession charge and one
year on the dissemination charge, to be served consecutively.
He now appeals.
Scope and Standard of Review.
review of Fehrer's challenge to the court's failure
to give his requested jury instruction is for the correction
of errors at law. See Alcala v. Marriott Int'l,
Inc., 880 N.W.2d 699, 707 (Iowa 2016). Similarly, we
review a defendant's challenge to the sufficiency of the
evidence supporting a conviction for the correction of errors
at law. State v. Howse, 875 N.W.2d 684, 688 (Iowa
2016). However, we review de novo a challenge to the district
court's denial of a motion to suppress based on a
constitutional violation. State v. Brown, 890 N.W.2d
315, 321 (Iowa 2017).