State of Iowa
v.
Jesse Jon Harbach
Appellant sought discretionary review from the district court’s order granting appellee’s motion to suppress the evidence from a search warrant allegedly obtained because of false statements in the supporting affidavit. Appellee seeks further review of the opinion of the court of appeals reversing the district court’s order, arguing the district court properly determined that, pursuant to Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978), probable cause was lacking after the allegedly false statements were excluded from consideration.
Resister
State of Iowa
Applicant
Jesse Jon Harbach
Attorney for the Resister
Israel Kodiaga
Attorney for the Applicant
Maria Ruhtenberg
Supreme Court
Oral Argument Schedule
Non-Oral
Oct 10, 2023 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Delaware County, Monica Ackley, Judge. REVERSED AND REMANDED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Greer, J. (16 pages)
After the district court granted Jesse Harbach’s motion to suppress evidence seized pursuant to a warrant, the State applied for and was granted discretionary review of the ruling. The State argues the district court misapplied case law in suppressing the evidence based on its determination the warrant application contained a false statement which was made knowingly and intentionally or with reckless disregard for the truth and, without the statement, the application failed to establish probable cause. OPINION HOLDS: Because there was probable cause of Harbach’s impairment even without the deputy’s false statements, we reverse the district court’s suppression ruling and remand.