State v. Meyer, No. 95-615

CourtUnited States State Supreme Court of Iowa
Writing for the CourtConsidered by McGIVERIN; ANDREASEN
Citation543 N.W.2d 876
PartiesSTATE of Iowa, Appellant, v. Glen Lavern MEYER, Appellee.
Docket NumberNo. 95-615
Decision Date14 February 1996

Page 876

543 N.W.2d 876
STATE of Iowa, Appellant,
v.
Glen Lavern MEYER, Appellee.
No. 95-615.
Supreme Court of Iowa.
Feb. 14, 1996.

Thomas J. Miller, Attorney General, Robert P. Ewald, Assistant Attorney General, and Paul L. White, County Attorney, for appellant.

Linda Del Gallo, State Appellate Defender, and Sara E. Hennesy, Assistant State Appellate Defender, for appellee.

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

ANDREASEN, Justice.

We granted the State's application for discretionary review of the district court's ruling on the defendant's motion to suppress evidence seized during the search of his vehicle. Although the court found the defendant had been legally stopped for speeding and legally arrested on an outstanding warrant that later turned out to be improperly outstanding, it granted the motion to suppress because it found "there was no probable cause to search defendant's vehicle incident to his arrest." We find the search was a valid search incident to arrest and therefore reverse the court's ruling and remand the case for trial.

Because a constitutional issue is involved, our review is de novo. State v. Hofmann, 537 N.W.2d 767, 769 (Iowa 1995). We make an independent evaluation of the totality of the circumstances as shown by the record. State v. Cook, 530 N.W.2d 728, 731 (Iowa 1995).

I. Background.

On October 19, 1994, Iowa State Trooper Hilt, while on routine patrol, stopped Glen Lavern Meyer for speeding. The trooper had clocked Meyer, the driver and sole occupant of a station wagon, going eighty-two miles per hour in a fifty-five mile-per-hour zone. He issued a citation for speeding in lieu of arrest as permitted by Iowa Code section 805.1 (1993).

While preparing the citation the trooper ran a routine radio check on Meyer's driver's license. He was told the license was valid but there was an outstanding warrant for the arrest of Meyer for parole violation. When confronted by this information, Meyer stated he had been released from parole. Trooper Hilt then requested by radio a computer check of the arrest warrant. This check confirmed that there was an active warrant

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for Meyer initiated by the department of corrections. He then placed Meyer under arrest. He advised Meyer that he would be taken to the sheriff's office, that he could not drive his vehicle, and that a tow truck would be sent to pick up his vehicle.

The trooper testified he did an initial search incident to the arrest of the vehicle at the scene. Upon search of the vehicle, he found an open canister of marijuana. Meyer was then taken to the sheriff's office. Upon arrival trooper Hilt made a phone call to the department of corrections and was told Meyer had indeed been released from parole. When the parole officer was contacted by Hilt, she stated Meyer had been released and the warrant should have been eliminated from the computer.

On October 31 Meyer was charged with possession of a controlled substance, marijuana, in violation of Iowa Code section 124.401(3). He entered a not guilty plea. On January 6, 1995, he filed a motion to suppress evidence obtained during the search of his vehicle. He claimed the search was made incident to an illegal arrest and no other probable cause existed for the search. The district court granted the motion.

On appeal the State argues the evidence found in the vehicle was a result of a legal...

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14 practice notes
  • State v. Brown, No. 17-0367
    • United States
    • United States State Supreme Court of Iowa
    • June 28, 2019
    ...2017). We examine the entire record and "make an independent evaluation of the totality of the circumstances." State v. Meyer , 543 N.W.2d 876, 877 (Iowa 1996), abrogated in part on other grounds by Knowles v. Iowa , 525 U.S. 113, 115, 118–19, 119 S. Ct. 484, 487, 488, 142 L.Ed.2d......
  • State v. Huisman, No. 94-1655
    • United States
    • United States State Supreme Court of Iowa
    • February 14, 1996
    ...invalidate impoundment and search of vehicle done according to objectively reasonable, standard police procedures); cf. State v. Meyer, 543 N.W.2d 876, 879 (Iowa 1996) ("[a] search incident to arrest is legal even if the arresting officer had an ulterior motive for the arrest"); S......
  • Knowles v. Iowa, 977597
    • United States
    • United States Supreme Court
    • December 8, 1998
    ...police elect not to make a custodial arrest and instead issue a citation -- that is, a search incident to citation. See State v. Meyer, 543 N.W.2d 876, 879 (1996); State v. Becker, 458 N.W.2d 604, 607 Based on this authority, the trial court denied the motion to suppress and found Knowles g......
  • State v. Hunter, No. 18-1961
    • United States
    • Court of Appeals of Iowa
    • March 18, 2020
    ...evaluation of the totality of the circumstances.’ " State v. Brown , 930 N.W.2d 840, 844 (Iowa 2019) (quoting State v. Meyer , 543 N.W.2d 876, 877 (Iowa 1996) ). "We consider both the evidence introduced at the suppression hearing as well as the evidence introduced at trial."......
  • Request a trial to view additional results
14 cases
  • State v. Brown, No. 17-0367
    • United States
    • United States State Supreme Court of Iowa
    • June 28, 2019
    ...2017). We examine the entire record and "make an independent evaluation of the totality of the circumstances." State v. Meyer , 543 N.W.2d 876, 877 (Iowa 1996), abrogated in part on other grounds by Knowles v. Iowa , 525 U.S. 113, 115, 118–19, 119 S. Ct. 484, 487, 488, 142 L.Ed.2d......
  • State v. Huisman, No. 94-1655
    • United States
    • United States State Supreme Court of Iowa
    • February 14, 1996
    ...invalidate impoundment and search of vehicle done according to objectively reasonable, standard police procedures); cf. State v. Meyer, 543 N.W.2d 876, 879 (Iowa 1996) ("[a] search incident to arrest is legal even if the arresting officer had an ulterior motive for the arrest"); S......
  • Knowles v. Iowa, 977597
    • United States
    • United States Supreme Court
    • December 8, 1998
    ...police elect not to make a custodial arrest and instead issue a citation -- that is, a search incident to citation. See State v. Meyer, 543 N.W.2d 876, 879 (1996); State v. Becker, 458 N.W.2d 604, 607 Based on this authority, the trial court denied the motion to suppress and found Knowles g......
  • State v. Hunter, No. 18-1961
    • United States
    • Court of Appeals of Iowa
    • March 18, 2020
    ...evaluation of the totality of the circumstances.’ " State v. Brown , 930 N.W.2d 840, 844 (Iowa 2019) (quoting State v. Meyer , 543 N.W.2d 876, 877 (Iowa 1996) ). "We consider both the evidence introduced at the suppression hearing as well as the evidence introduced at trial."......
  • Request a trial to view additional results

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