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. Dunn

Court of Appeals of Iowa

March 6, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
RYAN DALE DUNN, Defendant-Appellant.

          Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.

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

          Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Darrel Mullins, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., Doyle, J., and Carr, S.J. [*]

          POTTERFIELD, PRESIDING JUDGE.

         Ryan Dunn appeals the district court's denial of his motion to suppress. Dunn concedes that he initially engaged in a consensual interaction with police officers but argues actions taken by officers during the encounter resulted in the unconstitutional seizure of his person. He also argues his vehicle was unconstitutionally searched without a warrant and without an applicable exception to the warrant requirement. Finally, Dunn argues, in the alternative, that he was subject to custodial interrogation without receiving a Miranda warning.

         I. Background Facts and Proceedings.

         On March 10, 2017, at approximately 1:25 a.m., two police officers-in two separate marked police cars-pulled into an area with freestanding gas pumps but no store or building nearby. The officers pulled in behind a vehicle they noticed had been parked there for several minutes with the driver's door open. According to their testimony, the officers intended to check on the driver and make sure there was nothing wrong with him or the vehicle.

         Officer Andrej Klaric exited his vehicle at about the same time Dunn exited the vehicle parked at the gas pump; they met in the space between the two vehicles. Officer Klaric told Dunn he saw his driver's door was open and was "[j]ust making sure everything's okay." Dunn reported he stopped at the gas pump after work and then realized he did not have his debit or credit card with him; he was waiting at the pump until his friend arrived with the card. Dunn and Officer Klaric engaged in a conversation: Dunn told Klaric he remembered him from another time he was stopped and Klaric asked Dunn if he was still working at the same job he had been before. At some point during the conversation, Officer Klaric asked Dunn for his driver's license; Dunn gave it to him, and Officer Klaric handed it to the second officer, Officer Dilok Phanchantraurai, who checked the license by radioing to dispatch.

         While Officer Phanchantraurai had Dunn's license, Officer Klaric asked Dunn if he had any weapons on him. According to Klaric, he did not have any suspicions of illegal activity but always asks about weapons when he makes "contact with somebody out in the field . . . for [his] own safety and their own safety." Dunn responded that he had a pistol in an ankle holster, and Officer Klaric asked Dunn to show him his permit to carry the firearm. Dunn handed Officer Klaric his permit, which had expired more than two months earlier. Officer Klaric then informed Dunn his permit was expired, patted Dunn down, and removed the loaded gun from Dunn's ankle holster.

         Officer Klaric asked Dunn if he had any more firearms in the vehicle. Dunn stated there were magazines for a firearm in the vehicle. When asked, Dunn denied consent to search the vehicle. Klaric then handcuffed Dunn and placed him in the back of his squad car. Klaric searched the vehicle and found a second gun and the magazines. He placed Dunn under arrest for carrying a weapon. Before transporting him to the station for booking, Officer Klaric got Dunn's consent to move his car-rather than have it towed. During the booking process, methamphetamine was located in Dunn's wallet.

         Dunn was charged by trial information with carrying weapons and possession of a controlled substance (methamphetamine). He filed a motion to suppress, claiming the officers had seized him "after the purpose of the stop had been resolved," he should have been advised of his Miranda rights before being questioned, and the search of his vehicle was unconstitutional.

         The district court denied Dunn's motion to suppress. The court found that the initial encounter between Dunn and the officers "was consensual. There was no stop. The officers didn't use their red lights. They didn't pull the defendant over. They just-the defendant was parked, and they just pulled up to him and everybody got out of their car and talked." The court distinguished the facts from the recent State v. Coleman, 890 N.W.2d 284, 300-01 (Iowa 2017), in which our supreme court held that an officer could not extend a stop to ask for the driver's identification after the purpose of the stop had been resolved. Here, the district court noted, "[U]nlike Coleman this wasn't a stop situation. They didn't ...


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.