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. English

Court of Appeals of Iowa

June 20, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
WARREN ANTHONY ENGLISH, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Odell G. McGhee II, District Associate Judge.

         The defendant appeals from the district court's denial of his motion to suppress.

          Andrew B. Duffelmeyer and Thomas A. Hurd of Glazebrook & Hurd, L.L.P., Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Katherine M. Krickbaum, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.

          POTTERFIELD, JUDGE.

         Warren English appeals from the district court's denial of his motion to suppress. English maintains the evidence obtained during the search of his vehicle should have been suppressed because his consent to the search was not voluntary pursuant to the Iowa Constitution. Additionally, he claims trial counsel was ineffective for failing (1) to challenge the duration of the stop as unconstitutional and (2) to advocate for a change under the Iowa Constitution requiring consent to be knowing in order for it to constitute a valid waiver.

         I. Background Facts and Proceedings.

         At approximately 2:45 a.m. on December 20, 2016, Officer Brian Kelley noticed a vehicle being driven without a rear license plate. Officer Kelley initiated a stop of the vehicle and approached the driver-side window. A man-later identified as English-was driving the vehicle, and a female passenger sat in the front seat. Officer Kelley questioned English's lack of rear license plate and also asked for English's driver's license, registration, and proof of insurance. He asked the passenger for her identification as well. While English located the documents, the passenger volunteered the information that she had been walking and English picked her up to take her home. Officer Kelley later testified the passenger appeared to be nervous.

         The officer returned to his police vehicle to run both identifications through the police records system and learned the woman had previously been convicted of prostitution. He then returned to the passenger side of the vehicle and had the woman step out. As she did so, Officer Kelley noticed a pocket knife and a condom that had been placed in a holder in the passenger-side door. At the suppression hearing, Officer Kelley testified that, in his experience, people engaged in prostitution often carry both items. Additionally, he testified he initiated the stop in an area known for higher levels of illegal drugs and prostitution.

         After speaking with the woman, Officer Kelley returned to the driver-side window and had English step out of the vehicle. The officer and English stood near the front of English's vehicle; Officer Kelley asked English if he had any weapons on him, and English stated he did not and then lifted his arms. The officer conducted a pat down search of English. English stated he had recently left a pinochle party and was just riding around. The officer asked English if he had cash on him; English said he did not, and the officer asked if he could check his wallet, which English allowed him to do. When asked, English stated he had known the female passenger for years "just from being around." English was able to provide the first name of the woman but did not know her exact last name.[1] English told the officer he had seen the woman out walking and was giving her a ride home. When Officer Kelley responded that English was driving in the wrong direction to take the woman to her home, English responded that he knew that and was "just rolling right now." Officer Kelley then told English the woman had been convicted of prostitution and that a condom was sitting in the passenger door. English denied the condom was his and denied knowing how it got there.

         Officer Kelley then asked English if "there was anything [he] needed to know about, anything illegal" in the vehicle. English responded, "No, nothing, " and Officer Kelley asked if he could "take a look." English responded, "Yes, you can." The officer told English to step back near one of the squad cars-other officers in other cars had arrived sometime during the stop-and then conducted a search of the vehicle. Officer Kelley located a cigarette container with two small bags of marijuana in it under the driver's seat. English was then placed under arrest. English was later charged with possession of a controlled substance (marijuana), second offense.

         English filed a motion to suppress, alleging his consent to search the vehicle was not a valid waiver of his rights because it was not voluntarily given. After a hearing on the motion, the district court denied it, stating, in part: "The Court finds that the requested consent search of the defendant's vehicle did not create[] an environment so coercive that it rendered the consent invalid." The court also denied the suppression motion on the alternative ground of inevitable discovery.

         English waived his right to a jury trial and proceeded to a bench trial on the stipulated minutes of evidence. He was found guilty and sentenced to a suspended ...


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.