Thursday, December 28, 2006

Potheads Behaving Badly, Part 1: Too Much Sudafed Invites Unwanted Attention

State v. Myers, No. 06-0659 (Iowa Ct. App. Dec. 28, 2006).

In State v. Myers, a Marshalltown detective was advised of a possible violation of the state's restrictions on purchase of pseudoephedrine. See, Iowa Code sec. 124.213. A warrant was prepared and issued and in a search of the defendant's home 30 grams of marijuana were seized.

Myers moved to suppress evidence, arguing that there was insufficient probable cause to support the search warrant, but the motion was overruled by the District Court and Myers was convicted. He argued there was no nexus between the offense he was suspected of, and the search of his residence.

On review, the Iowa Court of Appeals using a totality of the circumstances approach found considerable evidence that Myers had violated restrictions on the purchase of pseudoephedrine, and that fact supported the issuance of the warrant. Specifically, the search warrant affidavit alleged sufficient facts to constitute a fair probability that contraband would be found at the residence.


Post a Comment

<< Home