from the Iowa District Court for Boone County, Steven J.
appeals his conviction for possession of a controlled
substance (methamphetamine) with intent to deliver.
C. Smith, State Appellate Defender, and Stephan J. Japuntich,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Benjamin M. Parrott,
Assistant Attorney General, for appellee.
Considered by Vogel, P.J., Bower, J., and Blane, S.J.
McIntire appeals his conviction for possession of a
controlled substance (methamphetamine) with intent to
deliver. We find the tenant of the apartment, where McIntire
was a casual houseguest, voluntarily consented to a search of
the apartment, where McIntire had possession of baggies of
methamphetamine in plain view. We conclude the district court
properly denied McIntire's motion to suppress. We affirm
his conviction for possession of a controlled substance
(methamhetamine) with intent to deliver.
Background Facts & Proceedings
Dickerson was on probation in Boone County. On September 21,
2016, at about 2:15 p.m., Dickerson's probation officer,
Steve Naeve,  made a visit to Dickerson's apartment
in Ogden because Dickerson was not doing very well on
probation. Due to probation office policies, Naeve was
accompanied by Officer Mike Frazier of the Ogden Police
Department. Naeve went to the front door and knocked,
while Officer Frazier went to the back door. Naeve testified
Dickerson indicated he could enter the apartment.
the apartment, Naeve saw two females playing darts. One of
the women had a firearm on her hip. Naeve then saw McIntire
sitting on a couch with two bags containing a crystalline
substance on his lap. Naeve, who was unarmed, stated he felt
the "situation was pretty volatile" and he had
safety concerns, so he let Officer Frazier into the
apartment. Officer Frazier arrested McIntire and seized the
two baggies, which were found to contain a large quantity of
methamphetamine. McIntire had $1842 in cash on him. Drug
paraphernalia was also found in the apartment.
was charged with possession of a controlled substance
(methamphetamine) with intent to deliver and possession of
methamphetamine. McIntire filed a motion to suppress. At the
suppression hearing, McIntire testified he had known
Dickerson for about a year and had been to his apartment in
Ogden before. McIntire lived in Des Moines. McIntire stated
he had been in the apartment for about an hour on September
21, 2016, when Naeve came in. He stated he planned to be
there about one to three hours. He stated his girlfriend was
going to pick him up after her children got out of school at
about 3:00 or 3:30 p.m. He also stated he could not say for
sure he would not have stayed overnight. McIntire testified
he had a blue bag containing cans of spray paint, some
decals, and high-gloss finish in the apartment. He stated he
had these supplies in order to start a mailbox-painting
project that day.
suppression hearing, Dickerson testified he lived alone in
the apartment. Dickerson stated he opened the door when Naeve
knocked and Naeve just walked in. The State presented the
transcript of a telephone call Dickerson made from jail in
which he told a friend the parole officer knocked on the
door, "I opened the back door and that's when he
walked through the back door." Naeve testified:
Q. What occurred once you made contact with Mr. Dickerson? A.
Just he saw me and I said hi. Said I was here to make a
visit, asked if I could come in. And he proceeded to open the
door and kind of step back and give me indication, yes, I
could come in.
further questioning, Naeve testified Dickerson responded
verbally to acknowledge he could enter the apartment but