Friday, December 01, 2006

Felons Behaving Badly, Part 2: State v. Hardesty

In State v. Hardesty, No. 05-1180 (Iowa Ct. App. Nov. 30, 2006) the defendant's home was searched pursuant to a warrant obtained in a murder investigation. Hardesty's vehicle had been observed in the vicinity of where his paramour's body was dumped in Jasper County. Hardesty was also identified personally as being in the park on the day in question by a person who'd been picking berries.

The next day a DCI agent observed Hardesty's car in the trailer park where his paramour lived in Des Moines. When Hardesty saw police, he abruptly left the scene. Hardesty's home was searched pursuant to a warrant and knives were found that were similar to the weapon that was used to dispatch the decedent. A blood stain matching the decedent's was found in Hardesty's car and on his shoes.

Hardesty moved to suppress the search, arguing the warrant was not supported by probable cause. The court found that the application for the search warrant set forth a sufficient nexus between the physical description of the defendant leaving the park in company of the decedent, and a car later traced to Hardesty which was also seen in the park where the decedent's body was dumped.


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