State Of Iowa v. Fleming

Decision Date12 November 2010
Docket NumberNo. 08-1132.,08-1132.
PartiesSTATE of Iowa, Appellee, v. Joshua Daniel FLEMING, Appellant.
CourtIowa Supreme Court

OPINION TEXT STARTS HERE

Mark C. Smith, State Appellate Defender, and Patricia Reynolds, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, Patrick Jennings, County Attorney, and Jayme Kirsch, Assistant County Attorney, for appellee.

BAKER, Justice.

The defendant, Joshua Fleming, appeals from his conviction for possession of marijuana. He contends the district court erred in overruling his motion to suppress and argues that when officers obtain a search warrant for a single-family residence they must obtain a separate warrant to search a rented room located therein. We find Fleming had a reasonable expectation of privacy in his bedroom, and the officers violated that interest by searching his bedroom without obtaining a search warrant authorizing a search of that area. The decision of the court of appeals is vacated and the district court judgment reversed.

I. Background Facts and Proceedings.

Joshua Fleming was charged by trial information with possession of a controlled substance in violation of Iowa Code section 124.401(5) (2007). This charge stemmed from a search warrant that was executed at 922 Wright Avenue, Sioux City, Iowa. The search uncovered six pounds of marijuana and $14,000 in cash. It also uncovered a small amount of marijuana that was found in Fleming's bedroom.

The search warrant was based upon a traffic stop made by Officer William Nice after Nice pulled over Cory Leckband and Jacob Lammers for failure to wear a seatbelt. Nice testified that when he approached the vehicle he could smell marijuana emanating from the vehicle and asked the men how long it had been since they last smoked marijuana. Leckband answered that it had been about thirty minutes, and both men were arrested.

In post Miranda interviews, Lammers and Leckband both told the officer that they were on their way to purchase one pound of marijuana from an individual named Andrew Nearman. Both men indicated that Nearman lived in the Riverside area of Sioux City. Lammers also gave police a description of the vehicle Nearman drove and agreed to take the police to the location of Nearman's residence. The police were also informed that other roommates lived at the residence. The Sioux City police dispatcher verified that the home pointed out by Lammers belonged to Nearman and that Nearman's vehicle was registered at that address.

Based upon this information, the officers obtained a search warrant for Nearman's residence authorizing a search for marijuana and related items in the possession of Nearman. Several officers knocked on the front door of the residence. They reported that Fleming went to the front door, looked through the glass portion, saw it was the police, and turned and walked away from the door. At that point, the officers broke the door down. They detained two men in the living room. Fleming was located and detained in the dining room. Nearman was found in a back room by the kitchen and detained. All four of the men were identified and detained in the dining room for the duration of the search.

After detaining the men, the officers searched the entire residence. They found a guitar case containing marijuana in the basement, a large duffel bag containing approximately five pounds of marijuana under Nearman's bed, and $14,000 in cash inside Nearman's bedside table. They also found small quantities of marijuana in the other two bedrooms. Fleming's bedroom was searched by Officer Troy Hansen. Hansen testified that he saw papers for a Progressive Insurance policy made out to Fleming listing the Nearman home as his residence. Hansen also found a baggy of marijuana on the floor of the closet. Fleming remained detained in the kitchen, but none of the officers talked to him about the items found in the bedroom or inquired about whether he lived at the residence.

Fleming filed a motion to suppress any physical evidence recovered by the officers. Fleming argued that the evidence was obtained in violation of his Fourth Amendment rights guaranteed by the United States Constitution and article I, section 8 of the Iowa Constitution. Fleming claimed the application for the search warrant was defective because it failed to establish the reliability and veracity of the informants. He also claimed the search of his bedroom was outside the scope of the warrant because he had exclusive possession of the room, and Iowa does not recognize a good faith exception to the exclusionary rule.

A hearing was held on Fleming's motion where he testified that he rented his room from Nearman for $375 a month and had exclusive possession of the room. The district court held that the scope of the warrant extended to Fleming's room as the warrant contemplated the entire residence at 922 Wright Avenue, and Fleming did not have a reasonable expectation of privacy in his bedroom. A bench trial was held on Fleming's possession charge, and the court found Fleming guilty.

Fleming appealed, once again claiming that the search of his bedroom was outside the scope of the warrant. His appeal was routed to the court of appeals. The court of appeals affirmed the district court. Fleming then filed an application for further review with this court, which we accepted.

II. Scope of Review.

Fleming claims that the search of his bedroom was in violation of his Fourth Amendment rights under the United States Constitution and article I, section 8 of the Iowa Constitution. Our review of his claim is therefore de novo. State v. Lane, 726 N.W.2d 371, 377 (Iowa 2007).

This review requires ‘an independent evaluation of the totality of the circumstances as shown by the entire record.’ In doing so, we give deference to the factual findings of the district court due to its opportunity to evaluate the credibility of the witnesses, but are not bound by such findings.

Id. (quoting State v. Turner, 630 N.W.2d 601, 606 (Iowa 2001)).

III. Discussion and Analysis.

The specific question we must determine is whether a separate search warrant was required for a room rented within Nearman's house. Fleming has alleged the search of his rented room violated his right to be free from unreasonable search and seizure guaranteed under both the United States Constitution and the Iowa Constitution. Article I, section 8 of the Iowa Constitution provides:

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.

Iowa Const. art. I, sec. 8. The Fourth Amendment to the United States Constitution guarantees:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

U.S. Const. amend. IV. The constitutional guarantees of the Fourth Amendment have been declared enforceable against the states through the Due Process Clause of the Fourteenth Amendment.

Mapp v. Ohio, 367 U.S. 643, 655, 81 S.Ct. 1684, 1691, 6 L.Ed.2d 1081, 1090 (1961).

Generally, the rights contained in the Fourth Amendment and the Iowa Constitution are “deemed to be identical in scope, import, and purpose.” State v. Groff, 323 N.W.2d 204, 207 (Iowa 1982). In evaluating claims under the Iowa Constitution, the United States Supreme Court interpretation of a parallel federal constitutional provision may be persuasive authority, but is no more binding on this court on the state constitutional issue than the cases of other state supreme courts. We jealously reserve the right to interpret our state constitution in a fashion that provides greater protection. State v. Cline, 617 N.W.2d 277, 284-85 (Iowa 2000) ([A]lthough this court cannot interpret the Iowa Constitution to provide less protection than that provided by the United States Constitution, the court is free to interpret our constitution as providing greater protection for our citizens' constitutional rights.”), overruled on other grounds by Turner, 630 N.W.2d at 606 n. 2; see also Graves v. State, 708 So.2d 858, 861 (Miss.1997) (declaring the state constitution provides greater protection of an individual's reasonable expectation of privacy than that provided under the federal law).

In determining whether there has been a Fourth Amendment violation, this court has adopted a two-step approach. State v. Legg, 633 N.W.2d 763, 767 (Iowa 2001). “First, we decide whether the person challenging the search has shown a legitimate expectation of privacy in the area searched. If so, we then ‘consider whether the State has unreasonably invaded that protected interest.’ Id. (quoting State v. Breuer, 577 N.W.2d 41, 45 (Iowa 1998)) (citations omitted). The parties have employed the two-step test in their analysis of the issue in this case. The two-step privacy test is often helpful in resolving cases under the Iowa Constitution, and, as a result, we employ it in this case.

A. Expectation of Privacy. Ordinarily, the police must obtain a search warrant before entering or searching an area where a person has a reasonable expectation of privacy. State v. Ortiz, 618 N.W.2d 556, 559 (Iowa 2000); see also Breuer, 577 N.W.2d at 45. In this case, there was a valid search warrant issued for the residence located at 922 Wright Avenue in Sioux City. Fleming does not appear to be arguing the warrant itself was invalid; rather, he is claiming his bedroom was outside the scope of the warrant.

An individual challenging the legality of a search has the burden of showing a legitimate...

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