State v. Beckett

• Decision Date: 24 May 1995
• Docket Number: No. 94-1377,94-1377
• Citation: 532 N.W.2d 751
• Parties: STATE of Iowa, Appellee, v. Tad Spencer BECKETT, Appellant.
• Court: Iowa Supreme Court

Page 751

532 N.W.2d 751

STATE of Iowa, Appellee, v. Tad Spencer BECKETT, Appellant.

No. 94-1377.

Supreme Court of Iowa.

May 24, 1995.

Linda Del Gallo, State Appellate Defender, and Kevin Cmelik, Asst. State Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Bridget A. Chambers, Asst. Atty. Gen., Steven J. Oeth County Atty., and Jim P. Robbins, Asst. County Atty., for appellee.

Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, ANDREASEN, and TERNUS, JJ.

ANDREASEN, Justice.

Defendant appeals his conviction of possession of marijuana, in violation of Iowa Code section 124.401(3) (1993). The district court denied the defendant's motion to suppress evidence seized pursuant to a search warrant. Although the court determined the issuing magistrate did not make the required finding of informant credibility under Iowa Code section 808.3, it applied the "good faith" exception established in United States v. Leon, 468 U.S. 897, 905, 104 S.Ct. 3405, 3411, 82 L.Ed.2d 677, 687 (1984), and refused to suppress the evidence. The defendant waived his right to a jury trial and the case was submitted to the court upon a stipulation of the parties that witnesses listed by the State would testify as set forth in the minutes of testimony and the defendant would call no witnesses. The court found the defendant guilty and imposed a fine of $500 plus surcharge and costs. On appeal, we reverse.

I. Background.

The defendant, Tad Beckett, was convicted of possession of marijuana, in violation of Iowa Code section 124.401, after execution of a search warrant at his residence uncovered three items with marijuana residue and a cigarette box containing 1.3 grams of marijuana. Prior to trial, Beckett filed a motion to suppress the items seized during the search of his residence. Because the issuing magistrate did not make a finding on the credibility of the confidential informant, he urged the search warrant was defective.

Iowa Rule of Criminal Procedure 30 provides forms for a search warrant, an application for a search warrant, an attachment A relating to the applicant, an informant's attachment, and an endorsement on search warrant application. The forms contain various statements, some of which can be indicated by an "X" or a "check" on the appropriate line. Other parts of the forms are designed to allow statements to be added by incorporating attachments or filling in the provided blank space. The forms are designed for use by the applicant and the magistrate. The application form incorporates facts establishing grounds for issuance of a search warrant by "attachment(s) made a part of this application." In this case, neither the applicant nor the magistrate properly completed the forms.

The signed and sworn warrant application of the Boone County sheriff was accompanied by a three-page affidavit which was neither sworn to nor signed by him. The signature line on all three pages was blank. The jurat was not completed. The affidavit indicated a confidential informant provided the affiant with information that on October 28 and 29, 1993 a large quantity of marijuana and cocaine had been observed in Beckett's residence at 1111 Tama Street in Boone, Iowa. The informant said Beckett also sells baggies of marijuana out of his girlfriend's apartment and that he places drugs and drug paraphernalia under the seat of his van. The informant claimed Beckett had been engaged in dealing drugs with two other men until one of the men, Tracy Brown, was arrested in Arizona while boarding an Amtrak train.

A checklist entitled "Informant's Attachment" was also attached to the application. The attachment indicated by an "X" that the informant is a concerned citizen known to the peace officer for nine years, is a mature individual, is a person of truthful reputation, has no motive to falsify the information, has no known criminal record, has otherwise demonstrated truthfulness, has not given false information in the past, and has supplied information that has been corroborated by law enforcement personnel.

A handwritten unsigned statement was attached to the warrant materials. It stated:

Now on the 5th day of November, 1993, affiant Ronald Fehr offered the following additional sworn testimony:

Affiant is professionally familiar with Tad Beckett but not with Judy Ray. Boone police have confirmed that Beckett and Ray are in fact residing together at 1111 Tama Street although Ray also maintains an apartment at Greenway Apartments.

Affiant drove by Tama Street address today and noted the white Dodge Caravan license LRT672 was parked at that address. The vehicle is registered to Judy Ray.

Affiant has also independently confirmed informant's information concerning the arrest of Tracy Brown in the State of Arizona. Brown was arrested in Arizona for possession of methamphetamines, marijuana and with cash in possession.

Affiant states informant has lived in the Boone area all or close to all of the informant's life. Affiant checked criminal history of informant and informant has no criminal history. There are no criminal charges pending against informant, informant is not being paid and has made no arrangements with any police agency.

"Property to be Seized" at Attachment C is all items that are related to the possession and sale of controlled substances, based on the training and experience of affiant. Based on large quantity of controlled substances reported by CI there is substantial evidence that controlled substances are being possessed for the purpose of sale.

Also attached was a form entitled "Endorsement on Search Warrant Application" signed by the magistrate. This form identified the sheriff as the only person who had testified in support of the application. The handwritten statement was not identified on the form as an abstract of the testimony. The form stated that "the undersigned has relied, at least in part, on information supplied by a confidential informant (who need not be named) to the peace officer(s) shown on Attachment(s) __." The blank space was not filled in. The form also stated:

4. The information appears credible because (select):

__A. Sworn testimony indicates this informant has given reliable information on previous occasions; or,

__B. Sworn testimony indicates this informant has not been used before but that either the informant appears credible or the information appears credible for the following reason:

The magistrate checked box B and merely drew a line in the space provided to fill in the reason.

In ruling on Beckett's motion to suppress, the district court determined the issuing magistrate made no credibility findings, and therefore the endorsement did not comply with Iowa Code section 808.3. The court concluded that without the information from the informant, the remaining facts would not support a probable cause finding. However, the court found the good faith exception to the exclusionary rule had been adopted in State v. Johnston, 511 N.W.2d 426 (Iowa App.1993). It concluded the officers acted in good faith reliance on the warrant. As a result, the court denied the motion to suppress.

II. Scope of Review.

Beckett challenges only the statutory sufficiency of the warrant and not its constitutional validity. Our review is for correction of errors at law. State v. Day, 528 N.W.2d 100, 102 (Iowa 1995).

III. Issuance of the Warrant.

Because there is a preference for warrants, we resolve doubtful cases in favor of their validity. State v. Godbersen, 493 N.W.2d 852, 854-55 (Iowa 1992). A search warrant is only to issue upon probable cause. State v. Swaim, 412 N.W.2d 568, 570 (Iowa 1987). The test for determining the existence of probable cause is "whether a person of reasonable prudence would believe a crime was committed on the premises to be searched or evidence of a crime could be located there." Godbersen, 493 N.W.2d at 855. Although we give substantial deference to the magistrate's determination of probable cause, the reviewing court has the responsibility "to insist that the issuing magistrate's function be performed in a neutral and detached manner, not serving merely as a rubber stamp for the police." Swaim, 412 N.W.2d at 571. Although we are mindful that warrant documents are "normally drafted by nonlawyers in the midst and haste of a criminal investigation," id. at 574 (citation omitted), we are compelled to "carefully balance that consideration against the court's duty to conscientiously review the sufficiency of the affidavit to insure that the issuing magistrate's action is not a mere ratification of the bare conclusions of others." Id.

Beckett asserts the warrant failed to comply with Iowa Code section 808.3, which governs the issuance of search warrants, because the issuing magistrate did not make a specific finding that the information given by the confidential informant was credible. The pertinent part of section 808.3 provides:

However, if the grounds for issuance are supplied by an informant, the magistrate ... shall include a determination that the information appears credible either because sworn testimony indicates that the informant has given reliable information on previous occasions or because the informant or the information provided by the informant appears credible for reasons specified by the magistrate.

Iowa Code § 808.3. This section applies only to confidential informants. State v. Weir, 414 N.W.2d 327, 331 (Iowa 1987).

In Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), the Supreme Court adopted a "totality of the circumstances" test. We have stated the legislature adopted the quoted language of section 808.3 in direct response to Gates. State v. Iowa Dist. Court, 472 N.W.2d 621, 623 (Iowa 1991); Swaim, 412 N.W.2d at 571-72. As a result, the validity of a search warrant premised on testimony from a confidential informant "must be measured by more than the 'totality of the circumstances' test of Gates; warrant documents must include...