State v. Easter, No. 58324
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | Heard by REYNOLDSON; REYNOLDSON |
| Citation | 241 N.W.2d 885 |
| Decision Date | 19 May 1976 |
| Docket Number | No. 58324 |
| Parties | STATE of Iowa, Appellee, v. Paul Scott EASTER and William David Kerns, Appellants. |
Page 885
v.
Paul Scott EASTER and William David Kerns, Appellants.
John C. Wellman, Des Moines, for appellants.
Richard C. Turner, Atty. Gen., Thomas Mann, Jr., Asst. Atty. Gen. and Ray A. Fenton, County Atty., for appellee.
Heard by REYNOLDSON, Acting C.J., and MASON, RAWLINGS, REES and HARRIS, JJ.
REYNOLDSON, Acting Chief Justice.
Defendant were convicted following a joint trial for possession of a controlled substance with intent to deliver in violation of § 204.401(1), The Code, 1973. In this consolidated appeal, they challenge the validity of the search warrant under which the controlled substance was seized.
Page 886
The warrant was issued on the application of Kenneth Arduser, assistant director, narcotics division, Iowa Department of Public Safety. In a sworn information for the warrant, Arduser stated the following facts led him to believe there was probable cause for issuance of the warrant:
'That at approximately 11:30 am 1/31/74 I received information from Sgt. Werner Wolff who identified himself as a Sergeant with the Tucson, AZ, Metropolitan Narcotics Squad. Sgt. Wolff stated two subjects using the names S. Kerns and W. Kerns left the Tucson, AZ, area and were proceeding to Denver, CO. Sgt. Wolff stated the two subjects would be leaving Denver, CO, for Des Moines, IA, and would be flying to Des Moines, IA, via United Airlines Flight 376. Sgt. Wolff stated S. Kerns and W. Kerns would be arriving in Des Moines, IA, via United Airlines Flight 376 at 2:54 pm 1/31/74. Sgt. Wolff stated S. Kerns and W. Kerns had in their possession three suitcases: (1) large blue suitcase bearing United Airlines claim check 1181--84, (2) large green suitcase bearing United Airlines claim check 1181--85, (3) blue suitcase bearing United Airlines claim check 1181--83. Sgt. Wolff stated two of the suitcases, 1181--84 and 1181--85, each contained approximately twenty packages of marihuana. Sgt. Wolff stated one of the subjects is described as WMA, 5 9 tall, slender build, 150 pounds, approximately described as a WMA, 6 tall, 170 pounds, wearing a dark colored suit. Sgt. Wolff went on to state the other subject was described as a WMA, ' tall, 170 pounds, with light brown hair and a mustache.'
Arduser's affidavit also stated Sergeant Wolff obtained the information from a confidential informant who had proven reliable in three drug transportation cases and ten other drug cases.
The affidavit further disclosed that before making application for a search warrant, Arduser verified Wolff's identity as a member of the Tucson, Arizona Narcotics Squad, and confirmed through United Airlines that S. Kerns and W. Kerns had reservations on flight 376 arriving in Des Moines at 2:54 p.m. on January 31, 1974.
After obtaining the search warrant, Arduser and several other police officers went to the Des Moines airport to maintain surveillance. At approximately 3:10 p.m. they saw defendants Easter and Kerns, who met the description given by Sergeant Wolff, accompanied by a third person. Defendants proceeded to the luggage claim area, where Easter picked up a blue suitcase and Kerns picked up two additional suitcases. Defendant Easter went outside and placed his suitcase in a station wagon parked outside the door. Defendant Kerns, after rejoining Easter and the third party, began to load his suitcases into the station wagon. Officers then approached the three individuals, read them the search warrant and their Miranda rights, and searched the suitcases. They found...
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State v. Angel, No. 15-1830
...means it was not ‘supported by the person's oath or affirmation’ as required by Iowa Code section 808.3." Citing State v. Easter , 241 N.W.2d 885 (Iowa 1976), the district court also concluded that it could not receive testimony given at a hearing on a motion to suppress a search warrant. I......
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State v. King, No. 59140
...476." See also State v. Moehlis, 250 N.W.2d 42, 45 (Iowa 1977); State v. Wright, 244 N.W.2d 319, 320-321 (Iowa 1976); State v. Easter, 241 N.W.2d 885, 886-887 (Iowa 1976); State v. Birkestrand, 239 N.W.2d 353, 356-357 (Iowa 1976); State v. Boyd, 224 N.W.2d 609, 614-616 (Iowa Page 6 Mindful ......
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State v. Seager, No. 68535
...whether probable cause was shown for the warrant to issue. State v. McManus, 243 N.W.2d 575, 577 (Iowa 1976); State v. Easter, 241 N.W.2d 885, 886 (Iowa 1976); State v. Liesche, 228 N.W.2d 44, 48 (Iowa 1975). We may not consider other relevant information in the record which was not present......
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State v. Hennon, No. 66518
...of our cases. See, e.g., State v. Paschal, 300 N.W.2d 115 (Iowa 1981); State v. Moehlis, 250 N.W.2d 42 (Iowa 1977); State v. Easter, 241 N.W.2d 885 (Iowa 1976). Nothing would be added to our jurisprudence by repeating that discussion here. One way to satisfy the second prong of the Aguilar ......
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State v. Angel, No. 15-1830
...means it was not ‘supported by the person's oath or affirmation’ as required by Iowa Code section 808.3." Citing State v. Easter , 241 N.W.2d 885 (Iowa 1976), the district court also concluded that it could not receive testimony given at a hearing on a motion to suppress a search warrant. I......
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State v. King, No. 59140
...476." See also State v. Moehlis, 250 N.W.2d 42, 45 (Iowa 1977); State v. Wright, 244 N.W.2d 319, 320-321 (Iowa 1976); State v. Easter, 241 N.W.2d 885, 886-887 (Iowa 1976); State v. Birkestrand, 239 N.W.2d 353, 356-357 (Iowa 1976); State v. Boyd, 224 N.W.2d 609, 614-616 (Iowa Page 6 Mindful ......
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State v. Seager, No. 68535
...whether probable cause was shown for the warrant to issue. State v. McManus, 243 N.W.2d 575, 577 (Iowa 1976); State v. Easter, 241 N.W.2d 885, 886 (Iowa 1976); State v. Liesche, 228 N.W.2d 44, 48 (Iowa 1975). We may not consider other relevant information in the record which was not present......
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State v. Hennon, No. 66518
...of our cases. See, e.g., State v. Paschal, 300 N.W.2d 115 (Iowa 1981); State v. Moehlis, 250 N.W.2d 42 (Iowa 1977); State v. Easter, 241 N.W.2d 885 (Iowa 1976). Nothing would be added to our jurisprudence by repeating that discussion here. One way to satisfy the second prong of the Aguilar ......