State v. Valde, No. 56652

CourtUnited States State Supreme Court of Iowa
Writing for the CourtHeard by MOORE; REES
Citation225 N.W.2d 313
PartiesSTATE of Iowa, Appellee, v. Allan VALDE et al., Appellants.
Decision Date22 January 1975
Docket NumberNo. 56652

Page 313

225 N.W.2d 313
STATE of Iowa, Appellee,
v.
Allan VALDE et al., Appellants.
No. 56652.
Supreme Court of Iowa.
Jan. 22, 1975.

Page 314

Raymond Rosenberg, Des Moines, for appellants.

Richard C. Turner, Atty. Gen., David M. Dryer, Asst. Atty. Gen., and Ruth R. Harkin, County Atty., for appellee.

Heard by MOORE, C.J., and MASON, REES, UHLENHOPP and REYNOLDSON, JJ.

REES, Justice.

Defendants were charged in separate county attorney's informations with the crime of possession of schedules 1, 2, 3 and 4 controlled substances in violation of Chapter 204, The Code, 1971, as amended by the Acts of the 64th General Assembly. The cases were consolidated for trial and the jury returned verdicts of guilty as to each defendant. They now appeal. We affirm.

The central question in this appeal is whether trial court erred in overruling defendants' motion to suppress evidence seized during a search, and in overruling objections urged at trial challenging the legality of the warrant pursuant to which the search was conducted. Defendants also contend trial court erred in overruling their motions for directed verdict made at the close of the State's evidence.

On November 25, 1972, a norcotics detective for the Ames Police Department, one Bill Johnston, met with Mr. & Mrs. Charles Handley, the owners of an apartment building at 139 North Sheldon in Ames, at Department Headquarters. The Handleys informed Johnston that during a routine inspection of apartment #4 in their building they had noticed a quantity of plastic bags containing what they suspected to be marijuana in a wide open dresser drawer. They also said they had observed a small measuring scale in the apartment. It was conceded at trial defendants Thomas, Wood and McAlpin were the lessees of the apartment. When the Handleys made their first inspection of the premises, Valde was present in the apartment and the lessees were absent during a quarter break at the University.

Page 315

After Mr. & Mrs. Handley reported their observations to Detective Johnston they accompanied him in approaching the magistrate, Judge McKinney, for the purpose of obtaining a search warrant. After hearing the testimony of Charles Handley and reviewing the application submitted by Detective Johnston, Judge McKinney directed that a search warrant be issued. The apartment in question was subsequently searched and the evidence defendants sought to suppress seized.

I. Defendants contend the information for search warrant failed to include a sufficient showing of the underlying facts and circumstances upon which the magistrate could independently reach a probable cause determination. They argue the search warrant was therefore improperly issued and trial court erred in overruling their motion to suppress evidence obtained by virtue of a search conducted pursuant to the warrant.

Admittedly, no underlying facts or circumstances were set out in the body of the search warrant application, where only the following appeared:

'That the facts and circumstances which lead me to believe that there is probable cause that a crime was committed, and that the above described premises, place, residence and/or automobile should be searched are as follows:

'(8) This Information received from a reliable source.'

There can be no doubt reference by a search warrant applicant to 'a reliable source of information' cannot be substituted for a reviewable factual showing, and a finding of probable cause cannot stand if no record was before the issuing magistrate of the specific details supplied by the claimed reliable source. See Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723; State v. Boer, 224 N.W.2d 217 (Iowa 1974); State v. Johnson, 203 N.W.2d 126, 127--128 (Iowa 1972); State v. Lynch, 197 N.W.2d 186, 191--192 (Iowa 1972); State v. Salazar, 174 N.W.2d 453, 455--456 (Iowa 1970); State v. Spier, 173 N.W.2d 854, 858--859 (Iowa 1970). Such a situation is not presented here, however, for despite the lack of any showing of...

To continue reading

Request your trial
12 practice notes
  • State v. Conner, No. 57552
    • United States
    • United States State Supreme Court of Iowa
    • April 14, 1976
    ...of a motion for directed verdict at the conclusion of the State's case when the defendant later presents evidence, State v. Valde, 225 N.W.2d 313, 317 (Iowa 1975), error was preserved here only by the motion made at the conclusion of all the As shown in our discussion in Division I, we find......
  • State v. Birkestrand, No. 57108
    • United States
    • United States State Supreme Court of Iowa
    • February 18, 1976
    ...description of this informant as 'reliable' would not be sufficient if alone employed to establish probable cause. See State v. Valde, 225 N.W.2d 313, 315 (Iowa 1975). But here the tip lends credence to information given by a citizen informer, a Culligan Soft Water Company employee, Infra. ......
  • State v. Nelson, No. 57311
    • United States
    • United States State Supreme Court of Iowa
    • October 15, 1975
    ...See chapter 751, The Code. We have set out the underlying principles by which a search warrant must be tested in State v. Valde, 225 N.W.2d 313, 315--316 (Iowa 1975); State v. Drake, 224 N.W.2d 476, 478 (Iowa 1974), and State v. Spier, 173 N.W.2d 854, 857--860 (Iowa The question is not, as ......
  • State v. Rockhold, No. 58555
    • United States
    • United States State Supreme Court of Iowa
    • June 30, 1976
    ...overruled, need not be later renewed in order to preserve error, as here, no further evidence is introduced. See e.g., State v. Valde, 225 N.W.2d 313, 317 (Iowa 1975); State v. Dahlstrom, 224 N.W.2d 443, 446 (Iowa III. It is now equally well settled: 'Probable cause exists for issuance of a......
  • Request a trial to view additional results
12 cases
  • State v. Conner, No. 57552
    • United States
    • United States State Supreme Court of Iowa
    • April 14, 1976
    ...of a motion for directed verdict at the conclusion of the State's case when the defendant later presents evidence, State v. Valde, 225 N.W.2d 313, 317 (Iowa 1975), error was preserved here only by the motion made at the conclusion of all the As shown in our discussion in Division I, we find......
  • State v. Birkestrand, No. 57108
    • United States
    • United States State Supreme Court of Iowa
    • February 18, 1976
    ...description of this informant as 'reliable' would not be sufficient if alone employed to establish probable cause. See State v. Valde, 225 N.W.2d 313, 315 (Iowa 1975). But here the tip lends credence to information given by a citizen informer, a Culligan Soft Water Company employee, Infra. ......
  • State v. Nelson, No. 57311
    • United States
    • United States State Supreme Court of Iowa
    • October 15, 1975
    ...See chapter 751, The Code. We have set out the underlying principles by which a search warrant must be tested in State v. Valde, 225 N.W.2d 313, 315--316 (Iowa 1975); State v. Drake, 224 N.W.2d 476, 478 (Iowa 1974), and State v. Spier, 173 N.W.2d 854, 857--860 (Iowa The question is not, as ......
  • State v. Rockhold, No. 58555
    • United States
    • United States State Supreme Court of Iowa
    • June 30, 1976
    ...overruled, need not be later renewed in order to preserve error, as here, no further evidence is introduced. See e.g., State v. Valde, 225 N.W.2d 313, 317 (Iowa 1975); State v. Dahlstrom, 224 N.W.2d 443, 446 (Iowa III. It is now equally well settled: 'Probable cause exists for issuance of a......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT