from the Iowa District Court for Dallas County, Paul R.
Huscher (suppression) and Randy V. Hefner (trial and
defendant appeals from the denial of his motion to suppress.
C. Smith, State Appellate Defender, and Nan Jennisch,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.
Ibarra Murillo Jr. appeals from the denial of his motion to
suppress. He maintains his constitutional rights were
violated when police officers detained him without reasonable
suspicion to prolong the stop after arresting the passenger
of his vehicle. He asks that we reverse the denial of his
motion and suppress all evidence obtained from his vehicle.
Background Facts and Proceedings.
afternoon of September 30, 2016, Deputy Sheriff Adam Jacobs
was getting into his patrol car when he noticed a truck
pulling a trailer as it drove by him. He recognized the man
sitting in the passenger seat as Michael Feller, whom the
deputy knew had an outstanding warrant for arrest. The
officer followed the truck for a number of miles before
initiating a stop of the vehicle. After the driver-
Murillo-pulled over, Deputy Jacobs approached the passenger
side of the truck. As he got near, Jacobs noticed that Feller
had reclined his seat and was laying down in the truck; a
manner in which he had not been seated before the officer
initiated the stop. Jacobs instructed Murillo to roll down
the window or unlock the doors of the vehicle so he could
extract Feller from the truck, but Murillo refused to do so.
The officer advised Murillo that he had stopped the vehicle
because he had a warrant for the arrest of his passenger, but
Murillo still refused to comply. After the officer radioed
for a second unit and withdrew his service weapon, Murillo
unlocked the doors. Feller then exited the vehicle. Deputy
Jacobs patted down Feller, finding a knife and small bag of
methamphetamine in Feller's pocket. Jacobs handcuffed
Feller and put him in the back of his squad car. According to
the call-for-service-detail report created and kept by the
police department, this occurred at 17:00 hours or 5:00 p.m.
Feller had been detained, Jacobs returned to Murillo's
vehicle to speak with him, asking Murillo for his license,
registration, and proof of insurance. "Unprompted,"
Murillo told Deputy Jacobs that he did not want the officer
to search his vehicle. Additionally, he reported he did not
have his registration card or current insurance information
with him. Jacobs noted that Murillo had not checked the
center console for the documents and asked him if he intended
to do so; Murillo responded that it was locked. At that
point, at 5:11 p.m., Deputy Jacobs called for a K-9 unit.
Behnken and the drug-sniffing dog, Kaia, arrived at the scene
at 5:26 p.m. Within a few minutes, Deputy Behnken took Kaia
around the vehicle; she "indicated" by sitting near
the rear passenger door.
Jacobs and Deputy Behnken then decided to conduct a search of
the interior of the vehicle. They were initially unable to
begin the search, as Murillo had intentionally locked the
keys in the vehicle when he was asked to step out so the dog
sniff could be conducted. The officers used a tool to gain
entry into the vehicle. Once inside, the officers used the
ignition key for the vehicle to open the locked center
console. The search uncovered:
a loaded Sig P238 with a leather holster located in the
center console, along with a plastic bag full of U.S.
currency, a couple glass pipes with green leafy plant
substance, . . . believe[d] to be marijuana, a tear dropper
full of brown liquid, . . . believe[d] to be THC oil, and a
large amount of U.S. currency in the back seat of the pickup
to the complaint and affidavit filed by Deputy Jacobs, the
officers also found "a clear plastic baggie containing
an amount of a crystal like substance . . . on the
driver's side floor ...