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. Stanton

Supreme Court of Iowa

September 13, 2019

STATE OF IOWA, Appellant,
v.
JESSICA RAE STANTON, Appellee.

          Appeal from the Iowa District Court for Tama County, Richard Vander Mey, Magistrate.

         The State appeals dismissal of misdemeanor charges based upon magistrate's interpretation of federal law governing jurisdiction over crimes committed on the Meskwaki Settlement.

          Thomas J. Miller, Attorney General, Aaron Rogers, Assistant Attorney General, and Brent D. Heeren, County Attorney, for appellant.

          John G. Daufeldt of Daufeldt Law Firm, Conroy, for appellee.

          Peter E. Deegan Jr., United States Attorney, Lisa C. Williams, Assistant United States Attorney, and Ann O'Connell Adams, Attorney, U.S. Department of Justice, for amicus curiae United States.

          Joshua A. Canterbury, Assistant Attorney General, and Christopher M. Nydle, Lead Prosecutor, for amicus curiae Sac & Fox Tribe of the Mississippi in Iowa.

          APPEL, JUSTICE.

         In this case, an officer of the Meskwaki Nation Police Department filed two cases in Iowa District Court for Tama County alleging that Jessica Rae Stanton committed the misdemeanor crimes of trespass, possession of drug paraphernalia, and violation of a no-contact order while on the Meskwaki Settlement.

         Upon review of the complaints, a magistrate concluded that recent federal legislation removed state jurisdiction for crimes committed on the Settlement. As a result, the magistrate dismissed the three pending misdemeanor charges and assessed costs against the Meskwaki Nation. The magistrate further advised that the Tama County Sheriff should consult with the county attorney to determine whether prisoners such as the defendant should even be received and retained in custody by the Tama County Sheriff. The district court further stated that tribal police officers should be instructed by tribal judicial officers to cease and desist from charging persons with violations of the Iowa Code as such charges "will only serve to clog state courts and result in the imposition of court costs upon the Meskwaki Tribe for cases which must be dismissed."

         We granted the State's application for discretionary review and expedited consideration of the matter in light of the importance of the issues pending in the case. For the reasons expressed below, we reverse the dismissal of the charges, vacate the remaining portions of the order of the district court, and remand the case to the district court.

         I. Background Facts and Proceedings.

         On January 1, 2019, the Meskwaki police filed complaints alleging that Stanton committed the crime of trespass in violation of Iowa Code section 716.8(1) (2018), possession of drug paraphernalia in violation of Iowa Code section 124.414(2), and violation of a no-contact order in violation of Iowa Code section 664A.7. In all three complaints, the defendant's race, gender, height, and weight were identified.

         The complaint alleging possession of drug paraphernalia stated that "Jessica had a glass pipe that was clear/white in color. [T]he glass pipe had drug residue in it." The location of the offense was listed as 1504 305th Street in Tama, Iowa.

         The complaint alleging violation of a no-contact order stated that "Jessica and the protected party Joshua arrived at the casino together. They drove to the casino together." As with the complaint for possession of drug paraphernalia, the location of the offense was listed as 1504 305th Street in Tama, Iowa.

         The complaint for trespass simply stated that the violation is "Trespass 1st offense." The complaint does not provide further details about the alleged offense. For example, it does not state the owner of the allegedly trespassed property or its location.

         The magistrate signed an order sua sponte on the same day the charges were filed. The order was filed the following day. The magistrate noted that the defendant was in custody and the complaints were issued by a Meskwaki police officer "for conduct which allegedly took place on the Meskwaki Settlement." The magistrate also stated that "[f]ederal legislation was recently enacted which removed state jurisdiction for crimes committed on the Settlement." As a result, the magistrate reasoned that lack of state jurisdiction "prohibits tribal police officers, as well as Iowa peace officers, from initiating state criminal charges for conduct on the Settlement regardless of the race or ethnic background of any potential Defendant." Additionally, the magistrate declared ...


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.