State v. Johnson, No. 55398

CourtUnited States State Supreme Court of Iowa
Writing for the CourtHeard before MOORE; LeGRAND
Citation203 N.W.2d 126
Docket NumberNo. 55398
Decision Date20 December 1972
PartiesSTATE of Iowa, Appellee, v. Orval Lee JOHNSON, Appellant.

Page 126

203 N.W.2d 126
STATE of Iowa, Appellee,
v.
Orval Lee JOHNSON, Appellant.
No. 55398.
Supreme Court of Iowa.
Dec. 20, 1972.

Holmes, Ralph & Kutmus, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Robert D. Jacobson, Asst. Atty. Gen., and Ray Fenton, Polk County Atty., for appellee.

Heard before MOORE, C.J., and LeGRAND, UHLENHOPP, HARRIS and McCORMICK, JJ.

LeGRAND, Justice.

Defendant appeals from judgment sentencing him to serve a term of not more than ten years in the Men's Reformatory following his conviction of uttering a forged instrument in violation of section 718.2, The Code (1966).

Only one issue is presented. It is claimed the trial court erred in overruling defendant's pre-trial motion to suppress certain evidence seized in a search of defendant's automobile and in subsequently allowing the admission of that evidence at his trial. We reverse and remand for a new trial.

On March 5, 1967, two officers of the Des Moines Police Department arrested defendant in connection with bad check charges. There was then also a wanted person bulletin against him on a larceny charge involving the theft of several rings from Zale's Jewelry.

Defendant was taken to the Des Moines police station and his car was removed to the Owen Crist Garage for safekeeping. The officers then obtained a search warrant authorizing a search of the vehicle. A search was made, disclosing, among other things, a Capital City State Bank check book. This was the bank upon which the check defendant is alleged to have forged was drawn. It is the introduction of this check book to which objection is made.

Page 127

The motion to suppress asserted (1) the search and seizure were unreasonable; (2) the search warrant was not properly issued; and (3) the officers 'failed to follow constitutional procedures required in cases for search and seizure' under Amendment 4 to the Federal Constitution and section 8, Article I, of the Iowa Constitution.

Defendant argues that the search warrant was issued without a showing of probable cause. He asks us to decide this question solely on the authority of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723, 727--729 (1964). He specifically disclaims reliance on our recent search and seizure decisions in order, as he says, to avoid any argument about retroactivity.

No claim is asserted this search could have been made without a warrant under the less stringent rules protecting the privacy of automobiles compared to those guarding the sanctity of homes, offices, stores, and other premises. See State v. King, 191 N.W.2d 650, 655 (Iowa 1971); Chambers v. Maroney, 399 U.S. 42, 48, 90 S.Ct. 1975, 26 L.Ed.2d 419, 426 (1970). We consider and decide the case as it was argued and presented, limiting our review to the validity of the warrant under which the search was made.

We have carefully examined the record relating to the issuance of the warrant. We have accorded it every possible favorable intendment, as we said we should in State v. Hall, 259 Iowa 147, 156, 143 N.W.2d 318, 323 (1966). Even so we are compelled to hold it was...

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7 practice notes
  • State v. Birkestrand, No. 57108
    • United States
    • United States State Supreme Court of Iowa
    • February 18, 1976
    ...affidavit discloses neither the source of this information nor any details which would establish its credibility. See State v. Johnson, 203 N.W.2d 126, 128 (Iowa 1972). Hearsay, even double or triple hearsay, may be sufficient for probable cause without extrinsic corroboration. See United S......
  • State v. Rockhold, No. 58555
    • United States
    • United States State Supreme Court of Iowa
    • June 30, 1976
    ...may independently evaluate the reliability of such informant. See State v. Birkestrand, 239 N.W.2d at 358, citing State v. Johnson, 203 N.W.2d 126, 128 (Iowa V. Moreover, 'All essential facts bearing on the existence of probable cause must either be included in an affidavit or affidavits pr......
  • State v. Jackson, No. 55370
    • United States
    • United States State Supreme Court of Iowa
    • September 19, 1973
    ...369, 92 L.Ed. at page 441. It is unfortunate that this evidence must be excluded. We can only repeat what we said in State v. Johnson, 203 N.W.2d 126, 128 (Iowa 1972) about the necessity for police officers to observe the constitutional mandates in regard to search warrants. Too often the f......
  • State v. Boer, No. 55432
    • United States
    • United States State Supreme Court of Iowa
    • December 18, 1974
    ...they are the conclusions of an officer. See Nathanson v. United States, 290 U.S. 41, 54 S.Ct. 11, 78 L.Ed. 159 (1933); State v. Johnson, 203 N.W.2d 126 (Iowa The second deficiency in Aguilar was the failure of the fofficers to show their informant was credible or his information reliable. T......
  • Request a trial to view additional results
7 cases
  • State v. Birkestrand, No. 57108
    • United States
    • United States State Supreme Court of Iowa
    • February 18, 1976
    ...affidavit discloses neither the source of this information nor any details which would establish its credibility. See State v. Johnson, 203 N.W.2d 126, 128 (Iowa 1972). Hearsay, even double or triple hearsay, may be sufficient for probable cause without extrinsic corroboration. See United S......
  • State v. Rockhold, No. 58555
    • United States
    • United States State Supreme Court of Iowa
    • June 30, 1976
    ...may independently evaluate the reliability of such informant. See State v. Birkestrand, 239 N.W.2d at 358, citing State v. Johnson, 203 N.W.2d 126, 128 (Iowa V. Moreover, 'All essential facts bearing on the existence of probable cause must either be included in an affidavit or affidavits pr......
  • State v. Jackson, No. 55370
    • United States
    • United States State Supreme Court of Iowa
    • September 19, 1973
    ...369, 92 L.Ed. at page 441. It is unfortunate that this evidence must be excluded. We can only repeat what we said in State v. Johnson, 203 N.W.2d 126, 128 (Iowa 1972) about the necessity for police officers to observe the constitutional mandates in regard to search warrants. Too often the f......
  • State v. Boer, No. 55432
    • United States
    • United States State Supreme Court of Iowa
    • December 18, 1974
    ...they are the conclusions of an officer. See Nathanson v. United States, 290 U.S. 41, 54 S.Ct. 11, 78 L.Ed. 159 (1933); State v. Johnson, 203 N.W.2d 126 (Iowa The second deficiency in Aguilar was the failure of the fofficers to show their informant was credible or his information reliable. T......
  • Request a trial to view additional results

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