State v. DeWitt

• Decision Date: 09 March 2012
• Docket Number: No. 09–0141.,09–0141.
• Citation: 811 N.W.2d 460
• Parties: STATE of Iowa, Appellee, v. William Arthur DEWITT, Appellant.
• Court: Iowa Supreme Court

811 N.W.2d 460

STATE of Iowa, Appellee,

v.William Arthur DEWITT, Appellant.

No. 09–0141.

Supreme Court of Iowa.

March 9, 2012.As Amended on Denial of Rehearing

April 6, 2012.

Kent A. Simmons, Davenport, for appellant.

Thomas J. Miller, Attorney General, Bruce L. Kempkes, Assistant Attorney General, Michael J. Walton, County Attorney, and Kelly G. Cunningham, Assistant County Attorney, for appellee.

CADY, Chief Justice.

In this appeal, we must primarily decide if the physical force used by police to conduct a Terry stop was unreasonable and violative of the search-and-seizure provisions of our State and Federal Constitutions. The district court found the force used was not unreasonable, and the defendant was subsequently convicted of the crimes of possession with intent to deliver, violation of the drug stamp act, and interference with official acts. We transferred to the court of appeals, and it affirmed the convictions. On our review, we affirm the decision of the court of appeals and the judgment and sentence of the district court.

I. Background Facts and Proceedings.¹

On June 5, 2008, officers from the Davenport Police Department initiated an investigatory encounter with William Arthur DeWitt, initially based on information provided to them by a confidential informant who had worked with Davenport police in the past. The source provided a description of DeWitt and indicated DeWitt planned to sell marijuana at the Davenport Walmart at approximately 8:30 p.m. on June 5, 2008. The informant further told police that DeWitt would be driving a gray Lincoln Town Car with Illinois license plate number A244897. A police surveillance team was positioned in the Walmart parking lot to await DeWitt's arrival. Shortly after 9 p.m., DeWitt drove into the parking lot of the store in a gray Lincoln Town Car. He parked the car and entered the store.

Detectives Brian Morel and Daniel Westbay from the police narcotics division followed DeWitt into the store while the other officers secured DeWitt's car in the parking lot. Both detectives were dressed in plain clothes but had identifying badges hanging around their necks. The detectives observed DeWitt walking towards the south side of the store then back to the north entrance where he had initially entered. Ultimately, DeWitt walked to the hygiene section of the store where the detectives observed that he “appeared to be looking ... for somebody.”

The detectives decided to confront DeWitt and take him outside to his car to talk to him about their suspicion that he was selling drugs. They approached DeWitt in an aisle, and one or both of the officers took DeWitt by the arm.² Detective Morel pulled out his badge and advised DeWitt he was a detective and wanted to talk to him outside the store about a drug investigation. DeWitt claimed neither officer presented an identification badge. DeWitt immediately resisted the confrontation by breaking free from their grasp as if he intended to run. The detectives promptly responded by taking him to the ground and handcuffing him. DeWitt's head was injured when it hit the floor during the arrest.

The K–9 unit arrived at the Walmart parking lot to perform a free air sniff of the Lincoln. The dog signaled that there were drugs in the vehicle, and a search warrant was subsequently obtained for the vehicle. Officers discovered a pound of marijuana in the trunk of the car. The State charged DeWitt with possession with intent to deliver, violation of the Drug Tax Stamp Act, and interference with official acts.

DeWitt filed a motion to quash the arrest and a motion to suppress evidence obtained during the search of his vehicle. DeWitt also filed a motion to compel disclosure of the identity of the confidential informant. After an evidentiary hearing, the district court denied the motions. The court found the detectives had reasonable suspicion DeWitt was involved in a drug crime at the time of the encounter based on evidence that had been corroborated independently of the confidential informant's report as well as DeWitt's conduct in the store, including his resistance to the encounter. The court further determined the facts did not necessitate the disclosure of the confidential informant's identity because the informant was not a participant in or witness to the alleged crimes, and DeWitt did not otherwise make a sufficient showing that the informant's identity would be helpful to his defense to any issue or claim. The case proceeded to a bench trial, and the district court found DeWitt guilty of all three counts.

DeWitt appealed and raised four issues. First, he asserted the officers' conduct in physically restraining him without particularized reasonable suspicion that he posed a safety threat was a violation of his right to be protected from unreasonable seizures under the Fourth Amendment to the United States Constitution and article I, section 8 of the Iowa Constitution. Second, he argued the district court erred in finding sufficient evidence supporting the charge for possession of drugs with intent to deliver because the court wrongly inferred that he had knowledge of the drugs in the car he was driving. Third, he asserted there was insufficient evidence to support the charge of interference with official acts because neither Detective Morel nor Detective Westbay engaged in an “act which is within the scope of the lawful duty or authority of that officer.” See Iowa Code § 719.1 (2007). Finally, he claimed ineffective assistance of trial counsel.

We transferred the case to the court of appeals. The court of appeals affirmed the district court, specifically finding no constitutional violation because “the officers took reasonable precautionary actions for their own protection as well as for the protection of the public.” The court of appeals also determined the State had presented substantial evidence to prove DeWitt's constructive possession of the drugs independent of the confidential informant's tip that the drugs were in the car DeWitt drove to the store. It declined to address the ineffective-assistance-of-counsel claim. We granted DeWitt's application for further review.

II. Standard of Review.

DeWitt requests we review both his constitutional claim that he was subject to an unreasonable seizure and his claim there was insufficient evidence in the record to convict him. We review claims the district court failed to suppress evidence obtained in violation of the federal and state constitutions de novo. State v. Pals, 805 N.W.2d 767, 771 (Iowa 2011). Claims of insufficient evidence to support a conviction are reviewed for errors at law. State v. Jorgensen, 758 N.W.2d 830, 834 (Iowa 2008). The court's findings of guilt are binding if we find they were supported by substantial evidence. Id. “Evidence is substantial if it would convince a rational trier of fact the defendant is guilty beyond a reasonable doubt.” Id.

III. Preservation of Error.

At the outset, the State asserts the issue of reasonable force permitted under article I, section 8 of our state constitution is not preserved for our review. Although DeWitt raised both the State and Federal Constitutions in his motions before the district court, the court did not include separate findings under article I, section 8 from its findings under the Fourth Amendment. The State argues DeWitt's failure to file a motion for enlargement of findings is fatal to his claim under the Iowa Constitution.

We do not review issues that have not been raised or decided by the district court. See Meier v. Senecaut, 641 N.W.2d 532, 537 (Iowa 2002). However, when both constitutional provisions are raised by a party, we may review arguments raised under both constitutions. Compare King v. State, 797 N.W.2d 565, 571 (Iowa 2011) (noting “[w]hen there are parallel constitutional provisions in the federal and state constitutions and a party does not indicate the specific constitutional basis, we regard both federal and state constitutional claims preserved”). Even though defendant is seeking reversal of the district court, we may affirm the district court upon any ground that would properly support the ruling, as long as it was one raised by the defendant, even if it is not a ground on which the court based its holding. State v. Maxwell, 743 N.W.2d 185, 192 (Iowa 2008). Thus, in this case, we may review the claim of unreasonable force under both the State and Federal Constitutions.

Nevertheless, both parties make arguments using only the federal constitutional standard for unreasonable seizures. Although we have discretion to consider a different standard under our state constitution, neither the State nor DeWitt suggest a different state analysis or offer any reasons for a separate analysis. See Pals, 805 N.W.2d at 771–72 (holding, even when a party has not proposed a different standard for interpreting a state constitutional provision, we may apply the standard more stringently than the federal caselaw). We decline to consider a different state standard under the circumstances and resolve DeWitt's state and federal unreasonable seizure claims under the existing federal standards. State v. Dudley, 766 N.W.2d 606, 624 (Iowa 2009); see also State v. Effler, 769 N.W.2d 880, 895 (Iowa 2009) (Appel, J., specially concurring) (“In raising a constitutional claim under the state constitution, counsel should do more than simply cite the correct provision of the Iowa Constitution.... [T]he adjudicative process is best advanced on reasoned argument which has been vetted though the adversarial process.”).

IV. Analysis.

A. Suppression of Evidence. DeWitt first argues the court of appeals erred in finding the police conduct inside the store was reasonable. He asserts his Fourth Amendment guarantee to be free from unreasonable seizures was violated because the officers were not authorized to use physical force to stop him for questioning. DeWitt does not argue the police had no constitutional basis to stop...