from the Iowa District Court for Polk County, David M. Porter
(suppression motion) and Karen A. Romano (trial), Judges.
Dean Ryan appeals after a jury found him guilty of three
drug-related charges. AFFIRMED.
Anderson of Anderson & Taylor, P.L.L.C., Des Moines, for
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
by Vogel, C.J., and Carr and Gamble, S.J. [*] May, J., takes no part.
found Ricky Dean Ryan guilty on three drug-related charges.
On appeal, he challenges the denial of his motion to suppress
evidence and the sufficiency of the evidence supporting his
Background Facts and Proceedings.
February 27, 2017, Ryan attended a scheduled appointment for
drug testing, as required by conditions of his parole. When
he submitted a urine specimen, the staff member monitoring
the collection believed Ryan was using a device with fake
urine to hide his drug use. The staff member told Ryan to
show him the device or leave in violation of parole. Ryan
denied using the device but refused to allow the staff member
to check for it. He later admitted to having used the device.
Schneider, a Probation/Parole Officer II with the Fifth
Judicial District Department of Correctional Services,
supervised Ryan while on parole. In light of Ryan's use
of a device during drug testing, Officer Schneider suspected
Ryan was using methamphetamine. Ryan did not follow through
with offered drug treatment, and he later admitted to Officer
Schneider that he had recently used methamphetamine. Officer
Schneider then determined a home visit would be appropriate.
Because only a Probation/Parole Officer III may perform home
visits, Officer Schneider submitted a surveillance request
asking an officer of that rank to check Ryan's apartment
for signs of alcohol or drug use. Officer Randall Schultz, a
Probation/Parole Officer III, received the request. Officer
Schultz is also a certified law enforcement officer and a
member of the fugitive unit for the Fifth Judicial District
Department of Correctional Services.
March 13, 2017, Officer Schultz and another officer went to
Ryan's apartment to conduct the home visit. Officer
Schultz heard voices within the apartment and knocked twice
before Ryan answered the door. The officers informed Ryan
they were there to conduct a home visit, and Ryan allowed
them into his apartment.
the officers entered, they found two other men seated in the
living room. The officers saw a digital scale on top of a
coffee table along with what Officer Schultz believed to be a
"tooter straw" used to ingest
methamphetamine.Officer Schultz also saw what appeared to
be a handgun near the coffee table, though he later
determined it was a BB gun. Several "large hunting-style
knives" were on the floor next to the table.
the presence of weapons in plain view, the officers placed
Ryan in handcuffs to ensure their safety while they searched
the immediate area. The officers also asked to search the two
men in the apartment, and they consented. When officers found
nothing illegal on the men, they asked the men to leave the
their search of the living-room area, the officers found a
large sum of currency and two large bags containing smaller
bags that held a substance later determined to be
methamphetamine. The currency and bags of methamphetamine
were located on the floor next to the chair positioned
nearest to the coffee table, which had been unoccupied when
the officers entered the apartment. Packaged along with the
methamphetamine was a small bag containing a trace amount of
told the officers the methamphetamine belonged to him and
admitted he sells methamphetamine to supply his habit.
Because the officers found what they believed to be evidence
of a crime, they contacted a narcotics investigator. Officer
Schultz then arrested Ryan for violating the terms of his
parole and transported him to jail.
State charged Ryan with possession of methamphetamine with
intent to deliver, a class "B" felony; failure to
possess a tax stamp, a class "D" felony; and
possession of marijuana, a class "D" felony.