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State v. Schiebout

Court of Appeals of Iowa

September 11, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
KAMIE JO SCHIEBOUT, Defendant-Appellant.

          Appeal from the Iowa District Court for Sioux County, Patrick H. Tott, Judge.

         Kamie Jo Schiebout appeals her conviction and sentence for possession of methamphetamine as a habitual offender.

          Mark C. Smith, State Appellate Defender, (until withdrawal), and Melinda J. Nye, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Thomas J. Ogden, Assistant Attorney General, for appellee.

          Considered by Tabor, P.J., and Mullins and May, JJ.

          MAY, JUDGE.

         Kamie Jo Schiebout appeals her conviction for possession of methamphetamine as an habitual offender. She contends the district court erred in denying her motion to suppress and in imposing sentence. We affirm the district court's suppression ruling, but we remand for resentencing.

         I. Facts and Prior Proceedings

         In May 2017, Schiebout had an outstanding warrant for her arrest. On May 22, the Sioux County Sheriff's office received a tip that Schiebout could be located at an Orange City church. A deputy found Schiebout standing in the rear of the church. He informed Schiebout he was arresting her. He did not handcuff her to avoid her embarrassment.

         They exited the church. As they made their way to the deputy's squad car, Schiebout asked to wait a moment so she could confer with her mother, who was inside the church. The deputy agreed. Schiebout then walked about ten feet toward the church. She deposited her purse on the ground next to the church doors. She then walked away from the purse.

         The deputy did not think this was normal or innocent. He was familiar with Schiebout's history of substance abuse. And he knew she was living with a local drug trafficker. Given this background, and Schiebout's attempt to abandon her purse, the deputy believed the purse contained contraband. So, he walked over and picked the purse up.

         At this point, Schiebout's mother emerged from the church. Schiebout then "grabbed the purse" from the deputy "and gave it to her mom." The deputy responded by taking the purse away from Schiebout's mother. He secured the purse in his car and placed Schiebout in the backseat.

         The deputy transported Schiebout and her purse to the sheriff's office. At the station, a drug-sniffing dog indicated the purse contained illegal drugs. The deputy then sought and obtained a search warrant for the purse. The subsequent search revealed several individual baggies of methamphetamine.

         The State charged Schiebout with possession of methamphetamine, third or subsequent offense, with the habitual-offender enhancement. Schiebout moved to suppress the methamphetamine. The district court denied her motion. Schiebout agreed to a trial on the minutes. The district court found Schiebout guilty of possession of methamphetamine, third or subsequent offense, as an habitual offender, in violation of Iowa Code sections 124.401(5), 902.8, and 902.9(1)(c) (2017). Consistent with this verdict, the district court ...


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