from the Iowa District Court for Hamilton County, Kurt L.
Wilke (suppression) and James C. Ellefson (trial), Judges.
defendant appeals the denial of his motion to suppress.
Nicholas A. Sarcone of Stowers & Sarcone PLC, West Des
Moines, for appellant.
J. Miller, Attorney General, and Kyle Hanson, Assistant
Attorney General, for appellee.
Considered by Mullins, P.J., Bower, J., and Gamble, S.J.
GAMBLE, Senior Judge.
Adams appeals from his conviction for possession of
methamphetamine, third offense, in violation of Iowa Code
section 124.401(5) (2017), following a trial on the minutes.
On appeal, he alleges the district court erred in denying his
motion to suppress evidence.
Background Facts and Prior Proceedings
August 26, 2017, someone burglarized Steve Carpenter's
home, stealing several items. The Hamilton County
Sheriff's Department considered Adams's brother,
Brett, to be a suspect in the burglary and investigated him.
Carpenter's home is located on the same street as
Adams's home. As part of the investigation, Deputy
Sheriff Rodney Hicok sought and obtained a warrant to search
Adams's home, believing Brett left evidence of the
burglary in Adams's home.
investigators executed the search warrant, they did not
recover any evidence of the burglary. However, investigators
observed drug paraphernalia and substances appearing to be
methamphetamine and marijuana. Based on these observations,
Deputy Hicok sought and obtained another search warrant for
Adams's home to search for evidence of the possession,
dealing, or distribution of controlled substances. When the
investigators executed the second search warrant, they
recovered marijuana and methamphetamine. As a result, the
State charged Adams by trial information with count I,
possession with intent to deliver methamphetamine, and count
II, possession of marijuana, third or subsequent offense.
filed a motion to suppress, alleging the first search warrant
application was not supported by probable cause so all
evidence, including evidence resulting from the second search
warrant, which stemmed from the first, must be suppressed.
Following a hearing, the district court denied the motion to
suppress. The parties then agreed to amend count I of the
trial information to possession of methamphetamine, third
offense. Adams proceeded to a trial on the minutes, and the
court found him guilty of count I, possession of
methamphetamine, third offense.
now appeals, challenging the district court's ruling on
the motion to suppress.
Scope and Standard of Review
challenges with constitutional dimensions are reviewed de
novo, "we do not make an independent determination of
probable cause; rather, we determine 'whether the issuing
judge had a substantial basis for concluding probable cause
existed.'" State v. McNeal, 867 N.W.2d 91,
99 (Iowa 2015) (quoting State v. Gogg, 561 N.W.2d
360, 363 (Iowa 1997)). ...