from the Iowa District Court for Boone County, Timothy J.
defendant appeals the district court's denial of his
motion to suppress evidence discovered during the search of
his vehicle. AFFIRMED.
A. Macro Jr. of Macro & Kozlowski, LLP, West Des Moines,
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
by Vogel, P.J., and Tabor and Bower, JJ.
a jury trial, Kohl Fisher appeals his conviction for
conspiracy to manufacture, deliver, or possess with intent to
deliver methamphetamine and possession with intent to
deliver, in violation of Iowa Code sections 124.401(1)(c)(6)
and 124.413 (2016). On appeal, he asserts the district court
should have granted his motion to suppress evidence because
the search of his vehicle was conducted at the request of his
parole officer and violated his constitutional rights.
Because we conclude the search was legally conducted under
the automobile exception to the warrant requirement, we
affirm the district court's denial of Fisher's motion
to suppress and affirm his conviction and sentence.
Background Facts and Proceedings.
was released from prison in February 2016, Fisher signed a
standard parole agreement that provided, in part: "I
will submit my person, property, place of residence, vehicle,
and personal effects to search at any time, with or without a
search warrant, warrant of arrest, or reasonable cause by my
parole officer or law enforcement officer." Probation
Officer Steve Naeve was assigned to supervise Fisher's
parole in April 2016. As part of his parole, Fisher was
required to wear a GPS monitoring bracelet. Officer Naeve
received notification from Boone police on April 24 that
Fisher was potentially suicidal. Officer Naeve met with
Fisher that day, and Fisher admitted to having recently used
following weeks, Officer Naeve consulted with Boone Police
Investigator Cory Rose. Investigator Rose and Officer Naeve
had been told by a trusted confidential informant that Fisher
and Fisher's wife were distributing methamphetamine in
Boone and were getting supplies of methamphetamine from an
individual in Jefferson. Officer Naeve monitored Fisher's
movements through the GPS bracelet and noted he was
frequenting at least two locations in Boone that Officer
Naeve would describe as "drug houses"-Officer Naeve
was familiar with people that frequented the locations and
knew those individuals were currently using controlled
substances. Fisher was also noted to frequent locations in
nearby Jefferson, which local Greene County law enforcement
informed Officer Naeve were locations where methamphetamine
was being dealt.
9, 2016, Investigator Rose contacted Officer Naeve to inform
him that Investigator Rose, while off duty, observed Fisher
driving towards Jefferson. Fisher's vehicle stopped at a
residence in Jefferson where Fisher had frequented in the
weeks leading up to May 9. Investigator Rose observed Fisher
and Fisher's wife leave the residence after a short
amount of time, "maybe about a half hour." Fisher
then opened the hood to his car, reached underneath the hood,
pulled something out of his pocket, placed it under the hood,
closed the hood, walked around the car inspecting it, and
then got into the car and drove away, heading back towards
Rose followed Fisher, and Officer Naeve monitored
Fisher's bracelet as Fisher traveled from Jefferson back
towards Boone. Officer Naeve advised Boone patrol officers
that if they encountered Fisher, Officer Naeve wanted to
speak with him. Boone Police Officer Josh Olsen heard Officer
Naeve's advisement that Fisher was headed to Boone and
that his vehicle likely contained drugs. Officer Olsen
observed Fisher speeding and pulled him over. Officer Olsen
contacted Officer Naeve, notifying him that Fisher had been
stopped, and Officer Naeve quickly arrived at the scene as he
was only one block away when he was contacted by Officer
Olsen. After issuing him a warning for speeding, Officer
Olsen advised Fisher that Officer Naeve was present and
wanted to speak with him, and he told Fisher he was not free
Naeve asked Fisher what was in the car-inferring knowledge of
the presence of drugs-and Fisher denied anything was present.
Officer Naeve asked to search Fisher's car, and Fisher
responded that he knew he needed to consent for his parole.
Officer Naeve did not tell Fisher he had the right to refuse
the search. Investigator Rose, who had also arrived on scene,
conducted the search and quickly located a magnetic
hide-a-key box in the hood compartment of Fisher's car,
in the same location Investigator Rose had seen Fisher reach
when Fisher was at the house in Jefferson. Inside the box
were two small baggies containing what would later be
determined to be methamphetamine.
denied knowledge of the methamphetamine and his wife, who was
a passenger in the car, claimed ownership of it. A search of
Fisher's wife's purse revealed other evidence of drug
distribution, including three cell phones and a notebook with