from the Iowa District Court for Polk County, David N. May,
(suppression) and Donna L. Paulsen (trial), Judges.
defendant appeals his judgment and sentence for operating
while intoxicated and possession of a controlled substance,
C. Smith, State Appellate Defender, and Mary K. Conroy,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
Landis challenges his convictions for operating while
intoxicated (OWI) and possession of a controlled substance,
third offense, enhanced by his habitual-offender status.
Landis contends the district court should have excluded the
marijuana police took from his pocket thirty minutes before
arresting him for OWI. The court found the marijuana
admissible under the search-incident-to-arrest exception to
the warrant requirement and the inevitable-discovery
doctrine. We agree with the court's reliance on
inevitable discovery. The State proved jail personnel would
have found the contraband during the OWI booking process.
also challenges his sentence. He alleges the district court
gave only "boilerplate" reasons for incarceration.
To the contrary, the court explained its rationale,
emphasizing Landis's prior convictions and
"experience on probation." As a result, we can
review its exercise of discretion and affirm the concurrent
prison terms. On Landis's final issue, we remand for
entry of a corrected sentencing order assessing the costs of
his dismissed simple-misdemeanor charge to the State.
Facts and Prior Proceedings
11:15 on a Sunday morning, Landis ran a red light in downtown
Des Moines. He crashed his Jeep Compass into another motorist
crossing the intersection. Police Officer Eric Moorman and
State Trooper Matthew Raes both responded to the collision.
Moorman found Landis standing outside his Jeep, which
suffered heavy front-end damage. The officer "smelled
the odor of alcoholic beverage" when he approached
Landis. Landis told the officer "somebody hit him and
took off." During their conversation, the officer also
noticed Landis was slurring his speech and was "slow
about thinking, seemed confused." Officer Moorman-who
has more than thirty years of law enforcement
experience-believed Landis was intoxicated and called a
traffic officer, Ryan King, "to come down and test
arrival, Trooper Raes first checked on the welfare of the
other driver, who was still at the scene. When he made
contact with Landis, the trooper noted "bloodshot,
watery eyes and a very strong odor of an alcoholic beverage
coming from his person."
their interaction outside the cars, which occurred around
11:30 a.m., Officer Moorman and Trooper Raes searched the
front pocket of Landis's shorts. They pulled out a clear
plastic bag containing "a green leafy substance which
looked and smelled like marijuana; a drug cutter, [which]
cuts the marijuana; and a dope pipe." Neither Trooper
Raes nor Officer Moorman told Landis he was under arrest. In
fact, Officer Moorman turned the investigation over to
was waiting in Officer Moorman's patrol car when Officer
King arrived. Officer King recalled "an odor of
alcoholic beverages that could be detected coming from the
rear of the patrol car." As part of his investigation,
Officer King asked Landis to complete field sobriety tests
and a preliminary breath test. But Landis declined. Officer
King placed Landis under arrest at noon. At the police
station, Landis refused to submit to a breath test.
result of this investigation, the State charged Landis with
two counts: (1) operating while intoxicated, a serious
misdemeanor in violation of Iowa Code section 321J.2 (2016)
and (2) possession of marijuana, a class "D" felony
in violation of section 124.401(5), as a third offense. The
State also invoked the habitual offender provisions under
Iowa Code section 902.8. Landis moved to suppress the
marijuana and paraphernalia found in his pocket, alleging the
search violated the state and federal constitutions. After a
hearing, the district court overruled the motion to suppress.