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State v. McIntire

Court of Appeals of Iowa

February 7, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
JACOB JAMES McINTIRE, Defendant-Appellant.

         Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge.

         Defendant appeals his conviction for possession of a controlled substance (methamphetamine) with intent to deliver. AFFIRMED.

          Mark C. Smith, State Appellate Defender, and Stephan J. Japuntich, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Benjamin M. Parrott, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., Bower, J., and Blane, S.J. [*]

          BOWER, Judge.

         Jacob 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.

         I. Background Facts & Proceedings

         Ron Dickerson was on probation in Boone County. On September 21, 2016, at about 2:15 p.m., Dickerson's probation officer, Steve Naeve, [1] 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.[2] 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.

         Inside 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.

         McIntire 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.

         At the 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.

         On further questioning, Naeve testified Dickerson responded verbally to acknowledge he could enter the apartment but ...


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