State v. Casteel

392 N.W.2d 168, 1986 Iowa App. LEXIS 1737
CourtCourt of Appeals of Iowa
DecidedJune 4, 1986
Docket85-840
StatusPublished
Cited by4 cases

This text of 392 N.W.2d 168 (State v. Casteel) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Casteel, 392 N.W.2d 168, 1986 Iowa App. LEXIS 1737 (iowactapp 1986).

Opinions

SNELL, Judge.

On September 19, 1984, Dennis Casteel was working at the Metromail Company in Mount Pleasant. When his shift ended at 3:00 a.m., he left in his vehicle and drove on Highway 34. Officer Paul Meyer, who was sitting at a local service station, observed Casteel’s vehicle and noticed a problem with Casteel’s taillight and muffler system. He pulled out behind Casteel’s vehicle, followed it to the intersection of Highway 218 and 34, through the intersection after the stop, and then pulled Casteel’s vehicle over in the parking lot of the Iowa State Liquor Store on East Washington Street at approximately 3:15 a.m. There, Officer Meyer discovered the vehicle also had no brake lights or turn signals. He then asked Cas-teel for his driver’s license. He took the license to his squad car to write a warning for equipment violations and ran a driver’s license check. That check revealed an outstanding warrant for Casteel’s arrest for the simple misdemeanor of fifth-degree theft. Officer Meyer then radioed for a backup unit and Casteel was arrested.

Officer Christopher Davis arrived on the scene as the backup unit and testified that when Casteel was advised of the theft warrant, he asked Casteel if he had $50.00 to pay his bond, and Casteel replied that he did not.

At that time, he advised Casteel of two options regarding his automobile: it would either have to be towed or an officer could drive it to the Henry County Law Enforcement Center. Given those options, Casteel agreed to let an officer drive it to the center. Casteel’s vehicle was driven to the law enforcement center and parked in an unenclosed cement parking lot south of the center and locked.

Later that morning, Officer Davis made a physical search of the vehicle while Officer Meyer made an inventory of the items therein. While conducting their inventory, the officers seized, from the locked glove compartment, a Comtrex cold capsule bottle which they believed held some marijuana seeds, a tin metal container with a lid which contained a leafy green substance, an electrical clamp with a leather string which they believed had marijuana residue on it, and a plastic prescription pill bottle.

A possession of a schedule I controlled substance (marijuana) charge was then filed against Casteel, and he was questioned about the seized items at approximately 6:30 a.m. Casteel was released from custody after appearing before the magistrate that morning at 9:30 a.m. The leafy green material seized from the tin container was tested and found to be marijuana.

Casteel filed a motion to suppress the evidence seized from his vehicle, which the trial court overruled. Casteel filed a waiver of jury trial, and a bench trial commenced on April 10, 1985. The court found Casteel guilty as charged. He was sentenced to pay a $100 fine.

On appeal, Casteel contends that the im-poundment and the inventory search of his vehicle violated his fourth amendment rights and, therefore, any evidence seized should have been suppressed.

It is unquestioned that the inventory search of Casteel’s automobile was performed without a warrant. The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures, and warrantless searches are per se unreasonable unless they fall within [170]*170carefully-drawn exceptions to the warrant requirement. State v. Roth, 305 N.W.2d 501, 504 (Iowa), cert. denied, 454 U.S. 870, 102 S.Ct. 338, 70 L.Ed.2d 174 (1981). Whether a search and seizure is unreasonable within the meaning of the fourth amendment depends upon the facts and circumstances of each case. Id. “The test of reasonableness cannot be fixed by per se rules.” South Dakota v. Opperman, 428 U.S. 364, 373, 96 S.Ct. 3092, 3099, 49 L.Ed.2d 1000, 1007 (1976) (quoting Coolidge v. New Hampshire, 403 U.S. 443, 509-510, 91 S.Ct. 2022, 2060, 29 L.Ed.2d 564, 608 (1971)).

One established exception to the warrant requirement is the motor vehicle inventory. Applying the reasonableness standard, courts have consistently sustained police intrusions into automobiles impounded or otherwise in lawful police custody where the process is aimed at securing or protecting the car and its contents. Opperman, 428 U.S. at 369-73, 96 S.Ct. at 3097-99, 49 L.Ed.2d at 1005-07.

When vehicles are impounded, local police departments generally follow a routine practice of securing and inventorying the automobiles’ contents. These procedures developed in response to three distinct needs: the protection of the owner’s property while it remains in police custody; the protection of the police against claims or disputes over lost or stolen property; and the protection of the police from potential danger, (citations omitted)

Id. at 369, 96 S.Ct. at 3097, 49 L.Ed.2d at 1005 (upheld inventory search as reasonable where police found marijuana in a plastic bag in the unlocked glove compartment of an impounded vehicle).

While Opperman did not precisely delineate the permissible scope of inventory searches, it does indicate that an inventory may not be conducted as a subterfuge for criminal investigation. Id. at 375, 96 S.Ct. at 3100, 49 L.Ed.2d at 1008-09. “It is, of course, necessary that such inventories be conducted as an incident to the caretaking function of the police, in accordance with the established procedures, and not as a guise for a warrantless search.” State v. Kuster, 353 N.W.2d 428, 431 (Iowa 1984). Under the exclusionary rule, evidence obtained by law officers in violation of the fourth amendment is inadmissible as evidence at trial. Roth, 305 N.W.2d at 504.

Impoundment. The legal validity of an inventory search depends upon the lawfulness of the underlying impoundment. Roth, 305 N.W.2d at 504. The Iowa Supreme Court has explained the test for when impoundment is justified:

In the absence of statute or ordinance, there must be reasonable cause for the impoundment, (citations omitted). The burden of demonstrating the need to impound is on the State, (citations omitted). In formulating a reasonableness test, one authority states:
It is submitted that for an impoundment of an arrestee’s vehicle to be reasonable under the fourth amendment, the arresting officer should be required (i) to advise the arrested operator “that his vehicle will be taken to a police facility or private storage facility for safekeeping unless he directs the officer to dispose of it in some other lawful manner,” and (ii) to comply with any reasonable alternative disposition requested. Surely, the police should not be expected to undertake delivery of the auto to some distance point or to make any other disposition which would be more onerous than having the vehicle brought to the station. But if the driver asks that his car be left at the scene and the circumstances are such that it can be lawfully parked in the vicinity, then his wishes should be respected. 2 W. LaFave, Search and Seizure § 7.3, at 559 (1978).

Kuster, 353 N.W.2d at 431-32. The court further noted that:

The common theme underlying these cases and others is that something more must be shown to justify impoundment of a car than that it would otherwise be left unattended.

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Related

State v. Aderholdt
545 N.W.2d 559 (Supreme Court of Iowa, 1996)
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State v. Casteel
392 N.W.2d 168 (Court of Appeals of Iowa, 1986)

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Bluebook (online)
392 N.W.2d 168, 1986 Iowa App. LEXIS 1737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-casteel-iowactapp-1986.