State v. Rydel

262 N.W.2d 598, 1978 Iowa Sup. LEXIS 1219
CourtSupreme Court of Iowa
DecidedFebruary 22, 1978
Docket59292
StatusPublished
Cited by3 cases

This text of 262 N.W.2d 598 (State v. Rydel) 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. Rydel, 262 N.W.2d 598, 1978 Iowa Sup. LEXIS 1219 (iowa 1978).

Opinion

HARRIS, Justice.

Defendant was convicted of manufacturing a controlled substance and of two counts of conspiracy (to manufacture a controlled substance and to deliver a controlled substance) in violation of § 204.401(1), The Code, 1975. Defendant’s three assignments of error challenge (1) whether probable cause for a search warrant was shown before the issuing magistrate, (2) whether there was a variance between the county attorney’s information and the proof offered at trial, and (3) whether there was sufficient corroboration of the testimony of accomplices. We affirm the trial court.

Viewing the evidence according to the verdict it was shown Jonathan Boyd Rydel (defendant) and others were making am *600 phetamines in a farmhouse near the town of Traer, in Tama County, Iowa. Defendant was a subtenant of this farmhouse. Pursuant to a search warrant a Tama County deputy sheriff searched the farmhouse and found paraphernalia used in manufacturing amphetamines and barbiturates.

A central figure in the State’s evidence was Nathan Brooks who had studied chemistry at Grinnell College. Brooks thereafter did postgraduate work in chemistry at an eastern university and at time of trial was a candidate for a Ph.D. degree. Brooks knew how to make amphetamines, commonly known as “speed.”

Brooks was a fellow student at Grinnell with George Ebert and Lou Ganousis. Somehow Ganousis became acquainted with defendant and Jim Marinee. Defendant and Marinee were essentially the organizers of the scheme involved in this prosecution and were to be responsible for the ultimate disposition of the manufactured amphetamines.

Apparently through telephone conversations Ganousis persuaded Brooks to come back from his studies in the east to help set up a drug laboratory. Brooks did so. Those involved in the operation were defendant, Ganousis, Marinee, Brooks, Ebert, and others, including Terry Anderson. Anderson was the original lessee of the farmhouse. He in turn subleased it to defendant. Later Anderson became involved in the operation.

In early July of 1975 Brooks sent a letter to Ganousis. He addressed the letter to “Terry Anderson, RR 2, Traer, Iowa.” It happens that two Terry Andersons reside near Traer. One receives his mail at RR 1 and the other at RR 2. The intended recipient, the co-conspirator, is the one who receives his mail at RR 1. The letter was delivered to Mr. and Mrs. LeAllen Terry Anderson at RR 2 in Traer. There is not the slightest hint of any knowing interception of the letter by postal or law enforcement authorities. It was simply a case of the letter being misaddressed. When Mr. and Mrs. LeAllen Terry Anderson received the letter they opened and read it and decided to turn it over to the law enforcement authorities.

After the letter was delivered to the sheriff’s office a deputy contacted the Iowa bureau of criminal investigation and learned Terry Anderson was believed to be a drug “pusher” in the Waterloo area. The deputy also learned certain terms in the letter indicated a drug operation. Thereafter the investigation turned to the farmhouse where the operation was taking place.

On the basis of the investigation a search warrant was sought and obtained from a magistrate. Evidence gathered in the subsequent search was used to convict the defendant.

I. The standard for testing probable cause for the issuance of a search warrant is well established: “ * * * Probable cause exists where the facts and circumstances presented to the judicial officer are sufficient to justify the belief of a person of reasonable caution that an offense has been or is being committed. (Authority).” State v. Wright, 244 N.W.2d 319, 320 (Iowa 1976). See also State v. Easter, 241 N.W.2d 885, 886-887 (Iowa 1976) and citations. The issuing officer cannot rely on mere conclusions to determine that probable cause exists. State v. Boer, 224 N.W.2d 217, 219 (Iowa 1974). The validity of a search warrant must stand or fall on the facts recited in affidavits for the search warrant and abstracts of oral testimony endorsed on the application for the search warrant. A warrant cannot be rehabilitated on the basis of later testimony. State v. Liesche, 228 N.W.2d 44, 48 (Iowa 1975). An affidavit for search warrant may consist of hearsay provided the affidavit also contains a substantial basis for crediting such hearsay. State v. Everett, 214 N.W.2d 214, 217 (Iowa 1974) and authorities. In connection with crediting such hearsay, less is required to show reliability when information is given from citizen informants rather than from professional informants. Careful details in such an affidavit further support its reliability. State v. Wright, supra, 244 N.W.2d at 321. When probable cause for *601 issuance of a search warrant is challenged on appeal we make an independent examination of the facts and findings as shown by the record in order to determine whether probable cause exists. State v. Spier, 173 N.W.2d 854, 857 (Iowa 1970).

The information for search warrant in the instant case was sworn to by Mike Richardson, a Tama County deputy sheriff. Attached to the information were the following documents:

(1) the incriminating letter to “Lou” and the envelope (in which it was enclosed) addressed to Terry Anderson, RR 2, Traer, Iowa, 50675.

(2) statement of Bruce C. Bolin reciting uncredited hearsay. Bolin’s statement does not indicate any reason he considered the hearsay to be reliable. We give it no consideration.

(3) the affidavit of Dale M. Magnuson stating that LeAllen Terry Anderson receives mail on RR 2 and Terry Anderson on RR 1.

(4) a statement of Minnie Schafer, deputy sheriff, advising the sheriff’s office of the suspicious nature of the intercepted letter. The caller was reported to be a Michael Rehberg, assistant director of the bureau of criminal investigation at its laboratory in Des Moines. By reason of the positions of the deputy and the assistant director we believe the statement could be considered by the magistrate, not to indicate any criminal acts, but only to indicate the investigating officers might be suspicious of some.

(5) the statement of Mike Richardson concerning the interview with a neighbor who independently saw drug paraphernalia in the farmhouse. This hearsay statement of the neighbor is not credited in any way. We give it no consideration.

(6) the statement of the neighbor himself which describes only the location of his home and the house in question. The statement does not contain any reference to the neighbor’s visit to the house in question. The statement is not probative and we give it no consideration.

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Related

Wilker v. Wilker
630 N.W.2d 590 (Supreme Court of Iowa, 2001)
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282 N.W.2d 733 (Supreme Court of Iowa, 1979)
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263 N.W.2d 894 (Supreme Court of Iowa, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
262 N.W.2d 598, 1978 Iowa Sup. LEXIS 1219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rydel-iowa-1978.