State v. Luloff

325 N.W.2d 103, 1982 Iowa Sup. LEXIS 1595
CourtSupreme Court of Iowa
DecidedOctober 27, 1982
Docket66970
StatusPublished
Cited by16 cases

This text of 325 N.W.2d 103 (State v. Luloff) is published on Counsel Stack Legal Research, covering Supreme Court 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. Luloff, 325 N.W.2d 103, 1982 Iowa Sup. LEXIS 1595 (iowa 1982).

Opinion

SCHULTZ, Justice.

The controlling issue in this case is whether there are sufficient exigent circumstances to justify police officers’ entry into defendant’s home to execute an arrest warrant for defendant’s brother when they failed to obtain consent or a search warrant before entry. Following the entry, the arrest of defendant’s brother, and the search incident to that arrest, the officers applied for and obtained a warrant to search defendant’s home. On a pretrial ruling the district court suppressed evidence seized under the search warrant and the State applied for and was granted a discretionary review. We determine on de novo review that the officers incorrectly relied on the arrest warrant as authority for their initial entry, and we find no exigent circumstances to justify it. Thus, we affirm the trial court’s ruling.

The defendant, Lonson Luloff, owned and at times lived in a farmhouse located in rural Bremer County. On October 22, 1980, two Waterloo police officers and a special agent of the Iowa Department of Criminal Investigation drove to Lonson’s farmhouse. They were attempting to execute an arrest warrant that was issued in Black Hawk County for Toren Luloff, defendant’s brother. Upon arriving at the farmhouse, the officers saw Toren standing behind a sliding glass door at the rear of the house. The officers entered the house and executed the arrest warrant. They conducted a search of the adjoining rooms and closets and discovered marijuana. A search warrant for the house was then obtained and evidence was seized to be used against the defendant.

The defendant moved to suppress the seized marijuana on the ground that the initial entry into the house was illegal. In sustaining the motion, the district court found that the officers relied on the arrest warrant as legal authority to make the entry although they knew that Toren was not a resident of his brother’s house. It further found that the officers did not have consent to enter and that there were no exigent circumstances to justify entry. Consequently, it determined that the initial entry was illegal and it applied the “fruit of the poisonous tree” doctrine to suppress the evidence obtained pursuant to the subsequent search warrant.

The district court relied upon the authority of Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981), which held that absent a search warrant, consent to search, or exigent circumstances the search of a third party’s home for the subject of an arrest warrant is unreasonable under the fourth amendment. The Steagald Court stated that the need for an *105 arrest warrant protects the individual from unreasonable seizure, whereas the search warrant requirement safeguards the individual’s right to privacy in his home and possessions and guarantees freedom from unjustified intrusion by the police. Steag-ald, 451 U.S. at 212-13,101 S.Ct. at 1648, 68 L.Ed.2d at 46. The Court determined that the individual’s right to privacy in his home is not protected by the issuance of an arrest warrant. The Court then concluded that absent consent, a search warrant, or exigent circumstances, an officer possessing only an arrest warrant has no authority to enter the home of a third party.

The Court answered in Steagald a question left unresolved in Payton v. New York, 445 U.S. 573, 583, 100 S.Ct. 1371, 1378, 63 L.Ed.2d 639, 649 (1980). In Payton, the Court held that absent exigent circumstances a nonconsensual warrantless entry into a private home to effect an arrest was unconstitutional. The Court did state, however, that if an arrest warrant is issued “it is constitutionally reasonable to require [the subject of the warrant] to open his doors to the officers of the law.” Payton, 445 U.S. at 602-03, 100 S.Ct. at 1388, 63 L.Ed.2d at 661. Payton, then, provides that officers may enter the home of the subject of an arrest warrant when they possess only an arrest warrant. Steagald, however, prohibits police officers who possess only an arrest warrant from making a nonconsensual entry into the home of a third party unless there are exigent circumstances.

Recent decisions of this court are in line with Payton and Steagald. State v. Brown, 309 N.W.2d 425 (Iowa 1981) (absent valid consent or exigent circumstances, a war-rantless entry into defendant’s constitutionally protected dwelling is unconstitutional); State v. Holtz, 300 N.W.2d 888 (Iowa 1981) (citing Payton, the court found invalid a warrantless and nonconsensual entry into defendant’s motel room absent exigent circumstances); State v. Mayes, 286 N.W.2d 387 (Iowa 1979) (exigent circumstances justify warrantless entry); State v. Jones, 274 N.W.2d 273 (Iowa 1979), cert. denied, 446 U.S. 907, 100 S.Ct. 1833, 64 L.Ed.2d 259 (1980) (exigent circumstances justify war-rantless entry into apartment); State v. Johnson, 232 N.W.2d 477 (Iowa 1975) (police with arrest warrant for defendant may enter his home to arrest him after he first appeared at the open door of his home, given exigent circumstances).

Thus, if probable cause exists, the police are not required to obtain a warrant before apprehending a suspected felon in a public place. United States v. Watson, 423 U.S. 411, 423-24, 96 S.Ct. 820, 828, 46 L.Ed.2d 598, 609 (1976). Possession of an arrest warrant alone is constitutionally sufficient for entry into a suspect’s own residence to effect his arrest. Payton, 445 U.S. at 602-03, 100 S.Ct. at 1388, 63 L.Ed.2d at 661. An arrest warrant alone is not sufficient authority for entry into the home of a third party to arrest the subject of an arrest warrant; absent consent or exigent circumstances a search warrant must be obtained. Steagald, 451 U.S. at 206, 101 S.Ct. at 1643, 68 L.Ed.2d at 41.

Since there was neither a warrant directed against Lonson or his property nor consent to search, this dispute narrows to whether exigent circumstances were present that justify the officers’ entry into Lonson’s farmhouse. A warrantless entry is presumptively unreasonable, thus the burden is on the State to justify exigency in the initial entry. State v. Brown, 309 N.W.2d 425, 427 (Iowa 1981). Exigent circumstances usually involve danger, risk of escape, or loss of evidence. The following criteria are considered in determining whether exigency exists:

1. a grave offense is involved;
2. the suspect is reasonably believed to be armed;
3.

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Bluebook (online)
325 N.W.2d 103, 1982 Iowa Sup. LEXIS 1595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-luloff-iowa-1982.