from the Iowa District Court for Polk County, Karen A. Romano
(motion to suppress) and David N. May (trial), Judges.
appeals the denial of his motion to suppress.
J. Statler of Statler Law Firm, PLLC, Des Moines, for
J. Miller, Attorney General, and Zachary C. Miller, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
Khiene Khoang appeals his conviction for possession of a
controlled substance with intent to deliver, second offense.
Khoang claims due process under the Iowa Constitution
requires the recording of all police interrogations. He also
challenges the court's ruling on his motion to suppress,
claiming he was not adequately informed of his
Miranda rights prior to interrogation. We affirm.
Background Facts & Proceedings
29, 2016, officers obtained and executed a search warrant for
a home in Des Moines, Iowa. Also included in the search
warrant were the residents, Elizabeth Briseno and Khoang.
Police had been surveilling the residence for several months
based on multiple tips from informants, including executing
controlled purchases of methamphetamine at the residence and
examining abandoned trash at the curb found to contain drug
residue. One informant specifically identified Khoang as
law enforcement arrived at the residence to execute the
search warrant, they found Khoang sitting outside in the
driver's seat of a vehicle. He was taken into custody. An
officer told Khoang they had a search warrant for the
residence but did not show him the warrant until after the
residence was secured. The search yielded Khoang's
cellular phone, over $2700 in cash in his pocket, and
methamphetamine and paraphernalia with drug residue in the
vehicle and residence. Khoang also provided the pass code to
his phone. Text messages in the phone indicated Khoang's
involvement in dealing drugs.
officer advised Khoang of his Miranda rights, which
he stated he understood. Khoang admitted to a daily
methamphetamine habit and possessing methamphetamine. Khoang
told the officer he would share his drugs with some people,
he had customers he would sell to, and described his sources
to purchase methamphetamine from. The interview was not
recorded, and Khoang did not sign a written waiver of his
Miranda rights. Khoang was handcuffed at the time of
the interview, leaning against the car he had been seated in.
Khoang was charged with possession of methamphetamine with
intent to deliver, as a second-offender, in violation of Iowa
Code section 124.401(1) (2016).
filed several pro se motions to suppress, claiming the search
was illegal because the search occurred prior to the
court's approval and the warrant lacked probable cause,
Khoang was not read his Miranda rights and did not
knowingly and voluntarily waive his Miranda rights,
and the warrant was not returned to the issuing magistrate.
Counsel later filed a supporting motion and arguments.
August 17, 2017, the court held a hearing on Khoang's
three motions to suppress. The court rejected all three. The
court ruled the warrant was valid, based on appropriate
grounds, and properly issued prior to the search. The court
noted no precedent required returning a warrant to the
specific issuing judge nor required suppression for returning
the warrant to a different judge in the same
jurisdiction. As to the Miranda questions, the
court found more credible the officer's testimony Khoang
had been advised of his Miranda rights prior to his
statements and Khoang spoke voluntarily with the officer. The
court specifically noted a recording of the interview is not
a requirement for the State to show the statements are
September 2017, a jury convicted Khoang. He now appeals the
denial of his pretrial motions to suppress his statements
made to law enforcement and ...