Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Ford

Court of Appeals of Iowa

December 20, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
HENRY FORD, Defendant-Appellant.

         Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.

         Henry Ford appeals his convictions for possession with intent to deliver (marijuana), second offense, and child endangerment.

          Adam R. Junaid of Frerichs Law Office, P.C., Waterloo, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee.

          Heard by Vaitheswaran, P.J., and Potterfield and McDonald, JJ.

          VAITHESWARAN, PRESIDING JUDGE.

         Henry Ford appeals his convictions for possession with intent to deliver (marijuana), second offense, and child endangerment. He contends a search of a vehicle exceeded the scope of a warrant.

         I. Background Facts and Proceedings

         An investigator with the Tri-County Drug Enforcement Task Force applied for a warrant to search Ford's home, garage, and three vehicles for various items including "[m]arijuana or any other illegal narcotics" and "monies and other proceeds deemed to have come from the sale of [m]arijuana or any other illegal narcotics." One of the vehicles was a 1957 Buick. A magistrate found probable cause to issue the warrant based on facts contained in an addendum.

         Law enforcement officers executed the warrant. They discovered marijuana in the house, marijuana residue in the garage, and wads of cash totaling $7112 in Ford's pockets. They seized the three vehicles and towed them to an impound lot.

         The State charged Ford with (1) possession of a controlled substance (marijuana) with intent to deliver within 1000 feet of a public park and (2) child endangerment. See Iowa Code §§ 124.401 (1)(d), 124.401 A, and 726.6 (2015). The first count was later amended to charge Ford as a second offender and a habitual offender.

         In time, the law enforcement investigator went to the impound lot with Ford to retrieve a set of keys the district court had ordered returned to him. Before turning over the keys to Ford, the investigator tried them on the trunk of the Buick. One of the keys unlocked the trunk. The officer noticed "a strong odor of marijuana emitting from inside" and, on further investigation, discovered a brick of marijuana.

         Ford moved to suppress this evidence. He asserted in part that the seizure of the Buick exceeded the scope of the warrant, "which authorized only a search" of the Buick. Following an evidentiary hearing, the district court denied the motion. The court reasoned as follows:

Within the contents of the affidavit, the confidential informant indicated that defendant may be using proceeds of drug trafficking to purchase classic luxury vehicles. The affiant stated in the affidavit that drug traffickers will sometimes conceal their proceeds by purchasing such items. The search warrant permitted the officers to seize the proceeds of drug trafficking. The face of the affidavit ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.