State v. Kern
Annotate this CaseDefendant, a parolee, was charged with four drug-related crimes after a search of her house by narcotics police officers revealed firearms and marijuana. Defendant filed a motion to suppress the marijuana as evidence at trial, arguing that it was obtained in violation of her Fourth Amendment rights because she did not consent to the search. The district court found that Defendant gave advance consent to search her property without a warrant or probable cause by signing a parole agreement and that the search was justified under exigent circumstances and the community caretaking function. Defendant was then convicted as charged. The Supreme Court reversed, holding (1) three of Defendant's convictions must be dismissed for a lack of substantial evidence; and (2) the warrantless search of Defendant's home and seizure of the evidence violated the Iowa Constitution, as (i) Defendant's parole agreement did not justify the search of her home, and (ii) no exception to the warrant requirement justified the search.
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