State v. Pooler, 58994
| Decision Date | 29 June 1977 |
| Docket Number | No. 58994,58994 |
| Citation | 255 N.W.2d 328 |
| Parties | STATE of Iowa, Appellee, v. Clyde Delbert POOLER, Appellee. |
| Court | Iowa Supreme Court |
Richard A. Knock, Cedar Falls, for appellant.
Richard C. Turner, Atty. Gen., Ray W. Sullins, Asst. Atty. Gen., and David H. Correll, County Atty., for appellee.
Heard by MOORE, C. J., and RAWLINGS, LeGRAND, REYNOLDSON and McCORMICK, JJ.
We here review a decision of the court of appeals which reversed defendant's conviction on the ground entrapment was established as a matter of law. We reverse.
Defendant was convicted and sentenced for burglary of the Jack Luloff home in Evansdale in the early morning of January 15, 1975. At trial he interposed a defense of entrapment. This defense was predicated on the involvement in the burglary of officer David Zarifis of the Cedar Falls police department.
Zarifis was working undercover. The police were investigating the possible implication of one Jack Siemens in several unsolved armed robberies. They had information that defendant, a paroled felon with a reputation as a heavy drug user, was attempting to purchase a handgun. Zarifis contacted defendant on the pretext he was a fugitive who had a handgun to sell. Although no sale was made, he gained defendant's confidence and was led by defendant to believe he would be permitted to participate in an armed robbery planned by defendant and Siemens.
However, defendant told Zarifis he would first have to prove himself by participating with him in a break-in. Zarifis consulted his superiors and was given permission to do so.
At about 10:30 p. m. on July 14, 1975, Zarifis picked up defendant and drove around the Waterloo area with him, the men each consuming about five cans of beer during the course of the ride. They arrived at the Luloff residence at approximately 1:00 a. m. The family was not home. Defendant pushed in the basement window and Zarifis followed him into the house. Zarifis later testified they were both under the influence of alcohol "to a degree." At defendant's direction Zarifis removed a quantity of rifles, shotguns and ammunition from the home. Jewelry and other items were also taken. They placed the stolen goods in Zarifis' car and departed. Later they divided the booty at defendant's home. After Zarifis reported to his superiors a decision was made to arrest defendant for the offense. At about 6:30 a. m. defendant was arrested and the stolen property in his possession was recovered.
During the course of trial defendant twice moved for directed verdict on the ground entrapment existed as a matter of law. His motions were overruled. The trial court instructed the jury on the defense of entrapment in accordance with principles enunciated in State v. Mullen, 216 N.W.2d 375 (Iowa 1974). The jury found defendant guilty and he was sentenced.
On appeal, we transferred the case to the court of appeals. Defendant urged two grounds for reversal, one that the trial court erred in not finding entrapment as a matter of law, and the other that the court erred in not instructing the jury to acquit defendant if it found the police conduct to be reprehensible on the occasion involved. In reversing the conviction, the court of appeals, in a three-to-two decision, held Zarifis' conduct constituted government involvement in crime so outrageous and reprehensible as to be contrary to public policy which, on that basis, established entrapment as a matter of law.
Acknowledging that its holding was without precedent in Iowa, the court of appeals said:
We fully recognize that it is not this court's function to declare "new" law or to engage in speculation concerning this state's public policy. Nonetheless, this case is here for decision and we are convinced that our Supreme Court, if presented with the issue, would hold that government over involvement in crime can be so reprehensible as to be contrary to public policy pursuant to (State v. Mullen, 216 N.W.2d 375 (Iowa 1974)) rationale.
In this review of the court of appeal's decision, we do not reject the principle that under our supervisory power over the courts or on due process grounds we might find government involvement in crime so outrageous and reprehensible as to require acquittal of an accused. However, we hold that the entrapment doctrine will not be extended to encompass such situation and that police participation in the present offense was not so outrageous and reprehensible as to require acquittal of this defendant.
The objective standard of entrapment adopted by this court in Mullen is that entrapment occurs when...
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People in Interest of M.N.
...As noted by the Iowa Supreme Court, "we do not wish to be understood as condoning the police conduct in this case." State v. Pooler, 255 N.W.2d 328, 331 (Iowa 1977). The court said that the police conduct was "mitigated only because it undoubtedly arose from poor judgment rather than bad fa......
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State v. O'Connell
...of any police conduct that he had ever heard?" Zarifis, later in chambers, conceded he was the Zarifis mentioned in State v. Pooler, 255 N.W.2d 328 (Iowa 1977). In Pooler officer Zarifis was involved in an undercover investigation. His superiors gave him permission to participate in a break......
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State v. Hohensee, 12407
...Cir.1980); People v. Isaacson, 44 N.Y.2d 511, 406 N.Y.S.2d 714, 378 N.E.2d 78 (N.Y.1978), mentioned in footnote 7; and State v. Pooler, 255 N.W.2d 328 (Iowa 1977). In Bowling defendant was convicted of interstate transportation of stolen property. Defendant burglarized a home, stole some si......
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State v. Gibb
...the possibility of barring prosecution in extreme cases, even where an entrapment defense is not established. See State v. Pooler, 255 N.W.2d 328, 330-31 (Iowa 1977). Courts have recognized the necessity to infiltrate drug rings may require a limited participation in unlawful practices. See......