Opinion

State v. Lane

  • 726 N.W.2d 371
  • 2007 Iowa Sup. LEXIS 5
  • 2007 WL 152491
Court
Supreme Court of Iowa
Filed
Jan 19, 2007
Status
Published
Author
Ternus
On the bench
Cady, Larson, Ternus, Wiggins, Hecht, Appel
Cited by
95 cases

stating that although the short time lapse between the defendant's illegal arrest and his live-in girlfriend's consent to search their home suggests exploitation, the fact that the girlfriend did not know that the defendant had been illegally arrested reduced the significance of close temporal proximity

How later courts described this case

  • stating that although the short time lapse between the defendant's illegal arrest and his live-in girlfriend's consent to search their home suggests exploitation, the fact that the girlfriend did not know that the defendant had been illegally arrested reduced the significance of close temporal proximity
  • clarifying that evidence obtained by purported consent should be held admissible only if it is determined that the consent was both voluntary and not an exploitation of the prior illegality
  • holding that defendant’s girlfriend consented to search, but no mention of claim under Iowa Constitution
  • noting, as one factor weighing in favor of voluntariness, that a single officer requested consent to search and explained a consent form while other officers waited outside the room

Written by the judges who cited it.

Distinguished

  • Distinguished by United States v. Cordero-Rosario, 252 F. Supp. 3d 79 (2017)

    Though the government awards Lane much weight, the facts are distinguishable.
    District Court, D. Puerto RicoMay 18, 2017Read it

The opinion

TERNUS, Chief Justice

(dissenting).

I respectfully dissent. I believe the drugs found in Lane’s apartment must be suppressed under the fruit-of-the-poisonous-tree doctrine. Contrary to the conclusion of the plurality, the prior illegal entry into and search of the garage “provide[d] a significant lead in terms of indicating what other evidence [the police] ought to seek [and] where they ought to seek it.” 4 Wayne R. LaFave, Search and Seizure § 8.2(d), at 88 (4th ed.2004). A common sense analysis of the facts inevitably leads to the conclusion that law enforcement authorities used information they obtained in the illegal garage search to focus their attention on Lane’s residence in an effort to discover additional illegal substances. The trial court erred in overruling the defendant’s motion to suppress. Accordingly, I would reverse the defendant’s conviction and remand for a new trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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