State v. Dodson
| Decision Date | 16 March 1972 |
| Docket Number | No. 54817,54817 |
| Parties | STATE of Iowa, Appellee, v. Roger Benjamin DODSON, Appellant. |
| Court | Iowa Supreme Court |
Roger W. Sunleaf, of McNeil, Bonham & Sunleaf, Montezuma, for appellant.
Richard C. Turner, Atty. Gen., James W. Hughes, Michael J. Laughlin, and Larry Seuferer, Asst. Attys. Gen., and Richard J. Vogel, County Atty., for appellee.
Defendant, Roger Benjamin (Ben) Dodson, was charged with unlawful possession of drugs (LSD). His pretrial suppression motion and objections to introduction in evidence of material seized under search warrant were all overruled. Trial jury returned a guilty verdict. Motions in arrest of judgment and for new trial were overruled. From sentence entered Dodson appeals. We affirm.
November 27, 1970, an unidentified informant told Grinnell Police Chief C. W. Peters that Dodson possessed LSD (D-lysergic Acid Diethylamide). The same day, while Peters was in process of securing a warrant for search of Dodson's person and residence, Dodson, of his own volition, entered the police station to visit Gerald Baustian, Jr., there incarcerated.
Upon issuance of the warrant Peters searched Dodson. Nothing was found. Peters then informed Dodson regarding issuance of warrant for search of his residence and asked if he wanted to go along. Dodson acquiesced.
Peters and Police Sergeant Donald C. Ellis, accompanied by Dodson, then went to the latter's home. There the warrant was presented to Homer Dodson, defendant's father, who showed them to his son's room. Upon entering Peters there saw a suitcase in plain sight near the bed. When queried as to what was in the locked suitcase Dodson replied, 'Nothing, I don't have the keys to it.' Peters and Ellis continued the search, mentioning several times Dodson had better get the keys. After approximately twenty minutes Dodson asked Peters, 'You people want to get serious now?' To this Peters replied affirmatively. They then discussed Dodson's personal problems. In course of this conversation Dodson made inquiry and was advised as to the penalty for possession of drugs. He then took a key from his pocket, opened the suitcase, and handed Peters two sheets of paper which appeared to have tabs of LSD on them. Dodson was immediately arrested and given a Miranda warning. Subsequent laboratory examination confirmed presence of the drug.
January 11, 1970, Dodson was charged by information with the instant offense. By pretrial motion to suppress he sought to exclude from evidence the material discovered in the search of his residence. As aforesaid, this motion and his timely trial objections to evidential use of the drug were in each instance overruled. The search seized LSD and testimony regarding attendant circumstances were accordingly introduced in evidence, and a guilty verdict returned by jury.
The fundamental issue to be resolved is whether trial court erred in so permitting introduction of the search seized LSD.
I. By his first assignment of error Dodson contends the controverted evidence was discovered in course of a constitutionally impermissible search. This position is foundationed upon claimed absence of adequate probable cause for issuance of the warrant. In support thereof Dodson argues a finding of probable cause cannot be premised upon hearsay statements of an unidentified informant.
In light of relatively recent United States Supreme Court pronouncements in United States v. Harris, 403 U.S. 573, 91 S.Ct. 2075, 29 L.Ed.2d 723, we find the foregoing contention untenable. There the court held, in substance, a search warrant may issue upon hearsay supplied by an unidentified informant provided there is a substantial basis properly shown for crediting the hearsay, such as personal observations by informant and personal knowledge of affiant as to prior events. See also State v. Salazar, 174 N.W.2d 453, 456--457 (Iowa); State v. Spier, 173 N.W.2d 854, 859 (Iowa); State v. Lampson, 260 Iowa 806, 810--815, 149 N.W.2d 116.
II. Next to be determined is whether the instantly involved search warrant application contained a factual foundation sufficient to permit...
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