State v. Prior

• Decision Date: 07 September 2000
• Docket Number: No. 99-828.,99-828.
• Citation: 617 N.W.2d 260
• Parties: STATE of Iowa, Appellee, v. Chad Alexander PRIOR, Appellant.
• Court: Iowa Supreme Court

617 N.W.2d 260

STATE of Iowa, Appellee, v. Chad Alexander PRIOR, Appellant.

No. 99-828.

Supreme Court of Iowa.

September 7, 2000.

Rehearing Denied October 10, 2000.

Linda Del Gallo, State Appellate Defender, and Dennis D. Hendrickson, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Mary E. Tabor, Assistant Attorney General, Denver D. Dillard, County Attorney, and Brian D. Claney, Assistant County Attorney, for appellee.

Considered en banc.

CADY, Justice.

Chad Prior appeals his conviction and sentence for possession of a controlled substance in violation of Iowa Code section 124.401(5) (1997). He argues the district court erred in overruling his motion to suppress the marijuana seized from his person pursuant to an "all persons" search warrant. We reverse and remand.

I. Background Facts and Proceedings.

On August 31, 1998, a police officer from the Cedar Rapids Narcotics Bureau received an anonymous telephone call alerting him to the possibility of illegal drugs being sold from an apartment on the northeast side of Cedar Rapids. The caller suspected drugs were being sold from the upper level apartment at 514 16th Street NE. The caller suspected this based largely upon the unusual traffic pattern of visitors to the apartment. On numerous occasions, the caller had observed several people enter the apartment. These people would usually arrive by vehicle, park the vehicle a short distance from the apartment, and approach the apartment on foot. The caller said a male in his mid-twenties lived in the apartment.

The officer who received the tip believed the type of activity described by the caller was indicative of drug dealing. The officer investigated the call by removing a bag of trash left outside the apartment on the day designated for trash pick up in that area of the city. The subsequent search of the trash bag at the police station revealed seven plant stems and numerous sandwich-size baggies. A chemical test confirmed the stems were marijuana. A discarded piece of mail addressed to "A. Langston" at "514 16th Street NE, upper apartment" was also found among the garbage. Police records indicated an individual named Aaron Langston, with the address of 514 16th Street NE, had been arrested in March 1998.

On September 24, 1998, the officer made an application to search the upper level apartment. The officer disclosed the information he obtained from the unnamed informant and his investigation in an affidavit. The officer also provided additional information based on his experience as a narcotics investigator. He opined that people "who use or sell controlled substance[s] will often discard ... marijuana stems and plastic baggies." The officer further stated that drugs are commonly hidden or held on a person or a vehicle, and that persons who "use, sell or distribute controlled substances out of [their] dwelling or vehicle" have no legal ties to the dwelling or vehicle but "only use ... such places ... to use or sell controlled substances."

Based on the information in the application and affidavit for search warrant, a magistrate issued a warrant on September 24, 1998. The warrant authorized officers to search the upper level apartment, "all persons located in the upper apartment," and any vehicles of those who resided in the apartment for controlled substances, drug-related items, and weapons.

Police executed the warrant on October 1, 1998. Force was used to gain entry into the apartment after police received no response from knocking on the door. After police entered the apartment, they determined no persons were present. They then began to execute the warrant. While the warrant was being executed, a group of seven men, including Prior and Langston, entered the apartment. Relying upon the "all persons" provision in the warrant, police detained and searched each individual. They discovered marijuana hidden in Prior's sock. Prior was subsequently arrested and charged with possession of marijuana in violation of Iowa Code section 124.401(5).

Prior moved to suppress the evidence as the fruits of an illegal search. He argued the warrant was an unconstitutional "blanket or general search warrant" in violation of the Fourth Amendment to the United States Constitution and article one, section eight of the Iowa Constitution.

The district court found no probable cause to search Prior. However, it overruled the motion based upon the officers' good faith reliance upon the validity of the search warrant.

Prior waived his right to a jury trial and agreed to a trial to the court based on the minutes of testimony. The court found Prior guilty as charged and fined him $250, plus court costs and attorney fees. He was also ordered to receive a substance abuse evaluation. Prior appeals his conviction and sentence based upon the district court's denial of his motion to suppress.

II. Scope of Review.

Prior challenges the district court's denial of his motion to suppress based on the unreasonableness of the search. "We review this constitutional question de novo in light of the totality of the circumstances." See State v. Canas, 597 N.W.2d 488, 492 (Iowa 1999)

(citing State v. Cadotte, 542 N.W.2d 834, 836 (Iowa 1996)).

III. "All Persons" Search Warrants.

The Fourth Amendment to the United States Constitution states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

U.S. Const. amend. IV. The Iowa Constitution has a nearly identical provision found in article I, section 8. Iowa Const. art. I, § 8. Consequently, we consider the two provisions nearly identical "in scope, import, and purpose." State v. Bishop, 387 N.W.2d 554, 557 (Iowa 1986) (quoting State v. Groff, 323 N.W.2d 204, 207 (Iowa 1982)).

One important command of the Fourth Amendment which lies at the core of the issue in this case is the warrant that is issued must describe the place or person to be searched with particularity. This important limitation guards the right of privacy from arbitrary police intrusion. State v. Thomas, 540 N.W.2d 658, 662 (Iowa 1995). It helps minimize the risk that the officers executing the search warrant will mistakenly search an area or person not intended by the issuing magistrate. See 2 Wayne R. LaFave, Search and Seizure § 4.5, at 513 (1996) [hereinafter LaFave]. The officer must be able to reasonably ascertain and identify the place or person to be searched so that nothing is left to the discretion of the executing officer. Thomas, 540 N.W.2d at 662. Additionally, the particularity requirement can relate to the probable cause requirement in many circumstances. 2 LaFave § 4.5, at 513. The lack of a specific description may indicate an insufficient showing that the items described will be found. Thus, both the probable cause and the particularity requirements are implicated by warrants that are too general.

A search warrant is typically directed at a particular location or thing to be searched. However, it can also authorize the search of both a place and persons. See 2 id. § 4.5(e), at 542-45. When this is done, the particularity requirement separately applies to the place to be searched and to each person to be searched. See State v. Gogg, 561 N.W.2d 360, 368 (Iowa 1997)

; 2 LaFave § 4.5(e), at 545. In this case, the warrant not only targeted the apartment unit and any vehicles of the residents of the apartment, but "all persons located in" the apartment.

Although general warrants are impermissible under the Fourth Amendment, we have previously indicated that an "all persons present" warrant is not per se unreasonable. Thomas, 540 N.W.2d at 664-66 (noting the court was not condemning an "all persons" warrant across the board). When issued in connection with drug trafficking at a specific location, "all persons" warrants must be viewed differently from the general exploratory warrants condemned in the past. State v. Kinney, 83 Ohio St.3d 85, 698 N.E.2d 49, 53 (1998). Illegal drug trafficking is a catastrophic problem in this country and individuals present in a residence used by drug traffickers raise serious concerns for police. Id. A drug house often has numerous people present, many who may be armed and dangerous. Obvious concerns for the safety of all individuals on the premises exist, which helps distinguish an "all persons" warrant from a general exploratory search. Id. Yet, despite these legitimate concerns, the Fourth Amendment requires an "all persons" warrant to be supported by facts showing a "substantial probability that the authorized invasions of privacy will be justified by the discovery of the items sought from all persons present when the warrant is executed." Thomas, 540 N.W.2d at 664 (quoting People v. Nieves, 36 N.Y.2d 396, 369 N.Y.S.2d 50, 330 N.E.2d 26, 34 (1975)). Thus, the particular facts of each case must be examined to determine the sufficiency of a warrant to search persons identified in the warrant by their presence at a particular place.

In State v. Gogg, we held the affidavit for an "all persons" warrant was insufficient to justify the search of three unnamed people present in the residence to be searched. Gogg, 561 N.W.2d at 368. The affidavit in question failed to mention the anticipated presence of anyone other than the two named in the warrant, nor specified why any third parties, if present, would be likely to have evidence of a crime on their person. Id. We recognized the reasonableness of the issuing judge's inference of illegal drug sales at the residence, but noted there were "no statements [in the affidavit] that give rise to an inference that all persons on the premises would necessarily be involved in this activity." Id.

In State v. Thomas, we held a...