from the Iowa District Court for Sioux County, Patrick H.
Jo Schiebout appeals her conviction and sentence for
possession of methamphetamine as a habitual offender.
C. Smith, State Appellate Defender, (until withdrawal), and
Melinda J. Nye, Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., and Mullins and May, JJ.
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.
Facts and Prior Proceedings
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.
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.
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.
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.
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
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 ...