from the Iowa District Court for Black Hawk County, David P.
defendant appeals his convictions for possession of
methamphetamine with intent to deliver and possession of
clonazepam with intent to deliver. AFFIRMED.
Matthew G. Sease of Kemp & Sease, Des Moines, for
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Tabor and McDonald, JJ.
Halverson appeals his convictions for possession of
methamphetamine with intent to deliver, in violation of Iowa
Code section 124.401(1)(c) (2015), and possession of
clonazepam with intent to deliver, in violation of Iowa Code
section 124.401(1)(d). On appeal, he argues the district
court erred in denying his motion to suppress evidence
purportedly obtained in violation of his constitutional
protections against unreasonable search and seizure. He also
argues there is insufficient evidence to support his
night, the Cedar Falls Police Department received a report a
man, later identified as Halverson, tried to pull a teenaged
girl into a secluded area of an apartment complex. It was
also reported the man tried to sell drugs in the apartment
police responded to the report and, upon arriving at the
complex, located a group of people outside the complex,
including the teenaged girl. The girl stated Halverson
approached her after she stepped out of her apartment to make
a phone call. He grabbed the teen's wrist and pulled her
toward a more secluded area of the apartment complex but let
go of her after a few steps. At some point in this encounter,
Halverson told the girl he was "packing heat" and
they should go into the main portion of the apartment
complex. The teen was scared. Once inside the main portion of
the apartment complex, the girl witnessed Halverson offer to
sell drugs to her brother and his friends, who happened to be
in the main portion of the complex. Halverson unscrewed the
back of a flashlight and pulled out several clear baggies,
some containing pills and others containing a white
substance. Halverson told the girl's brother "one
was better than the other."
listening to the teen's recollection of events, the
responding officer asked the group for a description of
Halverson. Around the same time, Halverson exited the
apartment complex, and the group pointed him out to the
officer. The officer approached Halverson and patted him
down. The officer found no weapons, but she did find three
cell phones, several condoms, a keychain with a pill vial
attached, and a mini flashlight. The officer opened the pill
vial and discovered several pills. She placed these items on
the front of her cruiser and arrested Halverson. Once at the
police station, the flashlight was opened and the drugs
inside were identified as methamphetamine and clonazepam. The
methamphetamine was packaged into multiple baggies.
was charged with three counts: count I, possession of
methamphetamine with intent to deliver; count II, attempting
to entice a minor; and count III, possession of clonazepam
with intent to deliver. Halverson moved to suppress the drugs
found in the pill vial and in the flashlight, arguing the
search of his person and seizure of these items violated his
rights under the Fourth Amendment of the United States
Constitution and article I, section 8 of the Iowa
Constitution. The district court denied Halverson's
motion. Following a trial on the minutes of testimony, the
district court convicted Halverson on counts I and III.
first address Halverson's search-and-seizure claim. The
Fourth Amendment to the United States Constitution and
article I, section 8 of the Iowa Constitution protect the
right to be free from unreasonable searches and seizures. The
touchstone of any search-and-seizure claim is reasonableness
under the circumstances presented. See Pennsylvania v.
Mimms, 434 U.S. 106, 108-09 (1977) ("The touchstone
of our analysis under the Fourth Amendment is always 'the
reasonableness in all circumstances of the particular
governmental invasion of a citizen's personal
security.'" (citation omitted)); State ...