State of Iowa v. Justin Andre Baker
State of Iowa v. Justin Andre Baker
Opinion
A defendant appeals his convictions following judgment and sentence for the *607 charges of driving while license barred, possession of marijuana, possession with intent to deliver marijuana, and failure to affix a drug tax stamp. He first argues the district court erred in denying his motion to suppress evidence because the police seized him in violation of the Fourth Amendment to the United States Constitution and article I, section 8 to the Iowa Constitution. Next, he argues the warrant used to search his residence lacked sufficient probable cause. He also argues his guilty pleas for driving while license barred and possession of marijuana were involuntary because trial counsel was ineffective for failing to move to suppress evidence before he entered his pleas. Lastly, he argues the district court abused its discretion when it imposed the sentence.
On appeal, we affirm the decision of the court of appeals and the judgment of the district court. We find the officers had reasonable suspicion to conduct the traffic stop of Baker's vehicle; therefore, the court was not required to suppress the evidence obtained from the stop. Because of this finding, we also find counsel was not ineffective in failing to file a motion to suppress prior to Baker's guilty pleas for driving while license barred and possession of marijuana. We further find the district court had a substantial basis for determining probable cause existed to support the warrant the police executed on 702 Ricker Street in Waterloo, Iowa. Therefore, it was not required to suppress the evidence obtained from the search of the residence. Lastly, we will let the court of appeals decision that the district court did not abuse its discretion in imposing Baker's sentence stand as the final decision of this court.
I. Background Facts.
In August 2015, a Nevada State Trooper informed Officer Michael Girsch of the Waterloo Police Department that officers from the State of Nevada stopped a vehicle occupied by three Waterloo residents and the vehicle contained a large distributional quantity of marijuana and marijuana edibles. The Nevada officers placed all three individuals under arrest. The defendant, Justin Baker, was one of them.
In April 2016, while Girsch was conducting undercover surveillance in an unrelated investigation, he spotted Baker's vehicle near the 700 block of Ricker Street. Girsch said he believed Baker identified him as an officer and drove away. Girsch said, "[I]t appeared once he saw me sitting there, it appeared as though it had alerted him or scared him for some reason because it was my belief that his intention was to go to 702 Ricker Street." Girsch moved to a different position and continued to watch Baker, who circled back around and pulled into the driveway of 702 Ricker Street.
On April 18, Black Hawk County Sheriff Officer Matthew Isley received an anonymous phone call from someone who told Isley he or she had been at 702 Ricker Street in the past few days and had seen there was a distributional amount of marijuana at the residence. The anonymous tipster told Isley that Baker and Baker's niece, Shana Caldwell, were living at the residence and that Baker and Caldwell told the tipster they had recently returned to town with a shipment of marijuana. The tipster told Isley he or she suspected Baker and Caldwell were dealing drugs.
The same day, Isley informed Girsch of the anonymous call Isley received because both officers were working on the Tri-County Drug Enforcement Task Force. Based on the anonymous tip and the information they received from the Nevada State Trooper, Isley and Girsch decided to conduct surveillance on Baker and Caldwell at their 702 Ricker Street residence.
*608 While conducting surveillance, the officers saw Baker enter the house and then leave in his vehicle twenty minutes later. Both officers followed Baker. Girsch observed Baker park in an alley and speak with one or two individuals for only thirty seconds. Isley saw a male stick his hand in the passenger side of Baker's vehicle, immediately pull his hand back out, and then put his hand into his pocket. Isley never saw any drugs but identified this as a hand-to-hand drug transaction. Based on this, the officers directed Sergeant Steven Bose of the Waterloo Police Department to initiate a traffic stop on Baker's vehicle.
Bose activated his emergency lights while behind Baker's vehicle. Baker took an inordinate amount of time to roll to a stop and threw a small bag of marijuana out the window of his vehicle. Bose confirmed Baker was driving while his license was suspended. Bose recovered the marijuana then placed Baker under arrest. Baker had $200 in twenty-dollar bills on his person. Due to Baker's slow roll to a stop, officers were concerned Baker had called or texted other people who were also involved in selling narcotics. The officers believed others might have been destroying evidence at 702 Ricker Street and went to the residence to secure the premises.
Caldwell opened the door of her home when officers arrived. She told them they could not enter without a warrant. The officers entered the residence anyway. Inside, officers found narcotics and items consistent with the sale of narcotics. After the traffic stop, Isley and Girsch prepared a warrant application for a search of 702 Ricker Street, which the court granted. The officers executed the warrant the same day. Upon reentering the residence, officers seized a distributional amount of marijuana.
II. Proceedings.
The State charged Baker with five counts. On May 17, in count I, the State charged him with driving while license barred in violation of Iowa Code sections 321.555 and 321.561 (2016), an aggravated misdemeanor. In count II, the State charged him with possession of marijuana, second offense, as a serious misdemeanor in violation of section 124.401(5). On May 18, the State charged Baker with two more counts. In count I, the State charged him with possession of marijuana with intent to deliver, a class "D" felony, in violation of section 124.401(1)( d ). In count II, the State charged him with a drug tax stamp violation, a class "D" felony, in violation of section 453B.12. On November 2, the State charged Baker with another count of driving while license barred for acts alleged to have occurred on September 28.
Baker filed a motion to suppress evidence. 1 In the motion, he asserted the officers lacked probable cause to execute the traffic stop on April 18 and any evidence stemming from the stop was fruit of the poisonous tree. He also asserted the officers' warrantless entry into 702 Ricker Street violated his constitutional rights. Therefore, he argued, because the traffic stop and warrantless entry provided the basis for the warrant that was ultimately granted and executed, the evidence obtained by the warrant was also tainted.
The court granted Baker's motion regarding the warrantless search of 702 Ricker Street, finding exigent circumstances did not support the protective *609 sweep. The court denied Baker's motion on the other two issues. It found the stop of Baker's vehicle was supported by reasonable suspicion based on the information of Baker's arrest in Nevada, the anonymous tip, and Isley's observation of what he believed to be a narcotics transaction. On the search-by-warrant challenge, the court found that officers made the decision to obtain a warrant prior to their initial entry into 702 Ricker Street. The court determined that without considering facts obtained during the illegal entry and search, probable cause still existed to grant the warrant.
On January 24, 2017, a jury trial began for the charges of possession of marijuana with intent to deliver and violation of a drug tax stamp. The jury found Baker guilty of both charges. Baker pled guilty to the two misdemeanor charges of driving while license barred and the one misdemeanor charge of possession of marijuana.
The court sentenced Baker on all five charges. The court sentenced Baker to five years' imprisonment for the possession of marijuana with intent to deliver and five years for the drug tax stamp violation. For the misdemeanor charges, the court sentenced Baker to prison for one year for each count. The court ordered Baker to serve his sentences concurrently.
Baker appealed. The court of appeals upheld his convictions and sentences. Baker filed an application for further review, which we granted.
III. Issues.
We consider four issues. First, whether the district court erred in denying Baker's motion to suppress evidence because the investigatory stop of Baker was not supported by reasonable suspicion. Second, whether the district court erred in denying Baker's motion to suppress evidence obtained at 702 Ricker Street because probable cause did not exist to support the issuance of the warrant. Third, whether Baker's counsel was ineffective for failing to move to suppress evidence before Baker pled guilty to driving while license barred and possession of marijuana. Fourth, whether the district court abused its discretion when it sentenced Baker.
"On further review, we have the discretion to review all or some of the issues raised on appeal or in the application for further review."
State v. Clay
,
IV. Whether the District Court Erred in Denying Baker's Motions to Suppress Evidence.
Baker argues the district court erred in denying his motions to suppress evidence under the Fourth Amendment of the United States Constitution and article I, section 8 of the Iowa Constitution because officers obtained evidence from an illegal stop of his vehicle and from an illegal search of 702 Ricker Street.
A. Standard of Review.
Our review of challenges to a ruling on the merits of a motion to suppress is de novo because such claims implicate constitutional issues.
State v. Ortiz
,
*610
Baker argues officers had neither reasonable suspicion to warrant a traffic stop nor probable cause for the warrant, and thus officers violated his rights to be free from illegal search and seizure under both the Iowa and Federal Constitutions. When a defendant raises both federal and state constitutional claims, we have discretion to consider either claim first or both claims simultaneously.
State v. Ochoa
,
Here, counsel does not advance a distinct analytical framework under the Iowa Constitution. Counsel argues the federal framework under both the Federal and Iowa Constitutions. When counsel does not advance a distinct analytical framework under a parallel state constitutional provision, we ordinarily exercise prudence by applying the federal framework to our analysis of the state constitutional claim, but we may diverge from federal caselaw in our application of that framework under the state constitution.
See
In re Det. of Matlock
,
B. Applicable Law on Search and Seizure.
The Fourth Amendment of the United States Constitution protects persons from unreasonable searches and seizures and requires a search warrant to be supported by probable cause. U.S. Const. amend. IV. The Iowa Constitution similarly protects persons from unreasonable searches and seizures. Iowa Const. art. I, § 8. Warrantless searches and seizures are per se unreasonable unless they fall under one of the recognized exceptions to the warrant requirement.
State v. Canas
,
One recognized exception allows an officer to stop an individual or vehicle for investigatory purposes for a brief detention based only on a reasonable suspicion that a criminal act has occurred or is occurring.
State v. Kinkead
,
*611
However, while brief and for a limited purpose, such a stop and detention is a "seizure" within the meaning of the Fourth Amendment and article I, section 8.
State v. Heminover
,
C. Whether the Seizure of Baker's Vehicle Was Supported by Reasonable Suspicion.
To justify an investigatory stop, the State must prove by a preponderance of the evidence that the stopping officer had "specific and articulable facts, which taken together with rational inferences from those facts, reasonably warrant[ed] that intrusion."
In
McIver
, we found an officer had reasonable suspicion to stop a driver's vehicle.
In
State v. Kooima
, we reversed a district court decision denying a motion to suppress evidence because we found the police illegally seized the defendant.
In contrast, in
Kreps
, we held an officer did have reasonable suspicion to conduct an investigatory stop of a vehicle.
See
In
State v. Bumpus
, we also held an officer had reasonable suspicion to conduct an investigatory stop.
As the officers entered the lot, the defendant began to run away.
The defendant appealed his conviction and sentence for possession of cocaine with intent to deliver.
Here, considering all of the information the officer had when he stopped Baker's vehicle, we find the officer had reasonable suspicion to conduct the investigatory stop.
See
Kreps
,
In addition to Isley witnessing what he believed to be a hand-to-hand drug transaction, Isley and Girsch were aware of other facts that supported the conclusion they had reasonable suspicion of criminal activity. First, Girsch saw Baker acting suspiciously near 702 Ricker Street just two weeks prior to Baker's arrest. Second, an anonymous caller reported that Baker had just returned to town with a large shipment of marijuana and that there was a large quantity of marijuana at the Ricker Street house. After receiving the tip, the investigators conducted surveillance of 702 Ricker Street, during which time they saw Baker leave the residence and then engage in what Isley believed to be a hand-to-hand
*613
drug transaction. While these circumstances alone may not rise to the level of reasonable suspicion, we consider the "totality of the circumstances."
McIver
,
Unlike
Kooima
, where we found an anonymous tip alone did not rise to reasonable suspicion to stop a vehicle,
see
As for the officer's purpose of stopping Baker, it is clear the purpose was to investigate whether Baker was selling narcotics from his vehicle. All of the information known to officers provided reasonable suspicion that Baker was involved in narcotics sales, and therefore, they were justified to "stop, investigate, and resolve the ambiguity."
Kreps
,
Therefore, assessing the facts known to the officer under the totality of the circumstances, we find the officer had reasonable suspicion to conduct an investigatory stop of Baker in his vehicle. Accordingly, the district court did not err in denying Baker's motion to suppress evidence obtained as a result of the traffic stop. 2
D. Whether Probable Cause Supported the Issuance of a Warrant to Search 702 Ricker Street.
A search warrant must be supported by probable cause. Iowa Const. art. I, § 8. We use the totality-of-the-circumstances standard to determine whether officers established probable cause for issuance of a search warrant.
State v. Davis
,
In determining whether there was probable cause for a warrant, we review the information actually presented to the judge and determine whether the issuing judge had a substantial basis for concluding that probable cause existed.
*614
State v. McNeal
,
Baker makes several arguments for why probable cause did not exist to support a search warrant. He argues first that the marijuana recovered after the stop of Baker's vehicle must be suppressed because Baker was illegally seized. As we said above, we find the officer had reasonable suspicion that criminal activity was afoot to conduct the traffic stop, and therefore, we will consider the marijuana recovered from the traffic stop as part of the warrant application.
Baker also argues officers omitted material information from the warrant application. To challenge the veracity of a warrant application, a defendant normally must make a preliminary showing under oath that an applicant for a warrant intentionally made false or untrue statements or otherwise practiced fraud upon the magistrate or that a material statement made by such applicant is false, whether intentional or not.
State v. Boyd
,
Baker alleges Isley omitted material facts from the warrant application in three instances. First, Isley stated in his affidavit that Baker was arrested for narcotics trafficking in Nevada but did not state that Baker was not convicted of a crime. Second, Isley stated that Baker evaded Girsch when he saw Girsch conducting surveillance, but did not state Girsch was undercover in plain clothing and an unmarked vehicle at that time. Third, Isley failed to include information to demonstrate the reliability of the anonymous informant.
Baker bears the burden of proving that officers made materially false statements in the affidavit either deliberately or with a reckless disregard for the truth.
See
State v. Green
,
The defendant there argued officers misrepresented the facts in the warrant application by not including his statement that he bought his girlfriend's car-his explanation for why her car was in his garage.
In
Gogg
, we held an officer's affidavit did not misrepresent facts in a warrant application that was granted to search the home of the defendant, who was subsequently charged with possession of methamphetamine and conspiracy to manufacture or deliver methamphetamine.
Specifically, the defendant argued the officer's affidavit had misrepresented how reliable the informant was by stating the informant had given "reliable information on several occasions in the past."
In
State v. Paterno
, the defendant challenged his conviction of possession of a controlled substance with intent to deliver, arguing the officer who obtained the warrant made a material misrepresentation.
In the warrant application, the officer included information from the informant that the defendant possessed marijuana and offered it to the informant.
I look for facts that would give myself a feeling that we had probable cause to enter a residence; facts that are truthful; that the magistrate can look at and absorb; and facts that will suffice a search warrant. It has to be a good lot of facts *616 as far as I'm concerned for a type of search warrant.
With these principles and examples in mind, we turn to the three contentions brought by Baker.
1. Officer Isley's failure to state Baker was not convicted of a crime in Nevada. In his affidavit, Officer Isley stated,
On August 30, 2015 Inv. Girsch of the Tri-County Drug Enforcement Task Force was contacted by Nevada State Patrol Trooper Tumanuvao reference a traffic stop conducted near West Wendover, Nevada. Trooper Tuman[u]vao stopped a vehicle containing Justin BAKER, [and two other males], all of Waterloo, IA. Nevada State Troopers eventually located multiple pounds of marijuana and edibles concealed in a speaker/subwoofer box in the trunk of the vehicle. BAKER and the other two occupants of the vehicle were placed under arrest for felony narcotics trafficking charges. During the course of the investigation it was determined BAKER and the others were coming from California and headed back to Waterloo, IA.
Baker argues Isley's failure to state that Baker was not convicted of a crime in Nevada was a misrepresentation, and unlike a conviction, an arrest cannot support probable cause.
As we reasoned in
Green
, an officer is not required to present all inculpatory or exculpatory evidence to the issuing judge.
While Baker is correct that an arrest is merely an allegation, and we do not hold that it stands for anything more, "affidavits of probable cause are tested by much less rigorous standards than those governing the admissibility of evidence at trial" and "in judging probable cause[,] issuing magistrates are not to be confined by niggardly limitations or by restrictions on the use of their common sense."
State v. Jensen
,
2. Officer Isley's failure to state Girsch was undercover when Baker allegedly evaded Girsch. Isley's affidavit stated,
During the week of April 3rd-9th, 2016 Inv. Girsch was conducting a separate investigation in the area of Ricker Street and observed a vehicle, a blue Buick bearing IA plate EEF303, occupied by Justin BAKER. BAKER looked over at Inv. Girsch as if concerned of his presence and slowly passed by 702 Ricker Street. Inv. Girsch believed BAKER was intended on going to 702 Ricker Street but passed by after seeing Inv. Girsch in the area. Inv. Girsch then drove around the block and watched 702 Ricker Street from a concealed position. Approximately thirty seconds later the blue Buick pulled into the driveway of 702 Ricker Street and Inv. Girsch observed BAKER exit the vehicle and go into 702 Ricker Street, appearing to use a key to access the residence.
At the hearing for the motion to suppress evidence, Girsch testified,
I believe I stuck out in that neighborhood, my vehicle, all kinds of things. I mean, let me put it this way. People in town, they know what cars we drive because we have the same cars forever. They know our faces because we used to work the streets with them, you know, we dealt with them on the streets. All those things add up to, I mean ... it doesn't take a rocket scientist to figure out who a cop is in certain neighborhoods.
Girsch further testified that "[he] strongly believe[d he] was identified [by Baker]" based on Baker's "suspicious behavior" of slowing down, seeing Girsch, leaving the area, and then returning when Girsch appeared to have left. Based on Girsch's experience as an officer and as a narcotics investigator, he believed Baker recognized and avoided him. Again, even if the warrant application stated Girsch was in plain clothing and driving an undercover vehicle when this occurred, it would not cast doubt on probable cause.
See
Green
,
3.
Officer Isley's failure to state information demonstrating the reliability of the anonymous informant.
Baker argues the warrant application contained no evidence that the anonymous tip was reliable. In
Gates
, the Supreme Court discussed when an anonymous tip provides sufficient indicia of reliability to give rise to probable cause.
This letter is to inform you that you have a couple in your town who strictly make their living on selling drugs. They are Sue and Lance Gates, they live on Greenway, off Bloomingdale Rd. in the condominiums. Most of their buys are done in Florida. Sue his wife drives their car to Florida, where she leaves it to be loaded up with drugs, then Lance flys down and drives it back. Sue flys back after she drops the car off in Florida. May 3 she is driving down there again and Lance will be flying down in a few days to drive it back. At the time Lance *618 drives the car back he has the trunk loaded with over $100,000.00 in drugs. Presently they have over $100,000.00 worth of drugs in their basement.
They brag about the fact they never have to work, and make their entire living on pushers.
I guarantee if you watch them carefully you will make a big catch. They are friends with some big drugs dealers, who visit their house often.
The Supreme Court said that while the letter alone would not provide a basis for probable cause to believe contraband would be found in the Gateses' car and home, applying a totality-of-the-circumstances analysis, the letter accompanied by the independent police work did provide such a basis.
In the present case, the anonymous tip did not give as much detailed information as the tip officers received in
Gates
.
See
they had been over at 702 Ricker where they stated that Justin [Baker] and Shana [Caldwell] were living. In the past couple days they had been over there and saw that there was a distribution amount of marijuana inside the house, and they had called, and while speaking with them they said that they had just supposedly got back into town with a shipment of more marijuana.
This tip shows far less inside knowledge when compared to the tip in
Gates
.
See
However, like
Gates
, officers here also conducted an independent investigation that corroborated the tipster's information that Baker and Caldwell were dealing drugs from their home.
See
E. Challenge to Probable Cause with Extracted Inadmissible Factors.
Baker asserts that without the marijuana and misinformation, the warrant application is based solely on the hand-to-hand drug transaction, which is not sufficient to establish probable cause. As previously discussed, we find neither the marijuana recovered from the traffic stop nor the information provided by Isley in the warrant application must be extracted. Therefore, considering all of the information that the district court considered, we assess whether the issuing judge had a substantial basis for concluding probable cause existed.
McNeal
,
The test we apply is "whether a person of reasonable prudence would believe a crime was committed on the premises to be searched or evidence of a crime could be located there."
Gogg
,
Based on these facts, when viewed under a totality of the circumstances, it is not unreasonable that the issuing judge found probable cause to search 702 Ricker Street based on narcotics distribution.
V. Whether Baker's Guilty Pleas Were Involuntary.
While Baker argues his guilty pleas were involuntary, his argument is under the framework of ineffective assistance because he did not preserve error. His argument is that counsel was ineffective for failing to file a motion to suppress evidence from the April 18 traffic stop, which gave rise to one of the charges of driving while license barred and to the possession of marijuana charge. The argument continues that if counsel had filed a motion to suppress for those charges, the trial court would have granted the motion, resulting in no evidence to prove Baker was either driving without a license or in possession of marijuana on the day of the traffic stop.
As we found above, the district court did not err in determining the officer had a reasonable suspicion to conduct the traffic stop. Therefore, counsel's failure to file a motion to suppress did not prejudice Baker.
See
State v. Straw
,
VI. Disposition.
We find the stop of Baker's vehicle was supported by reasonable suspicion and the warrant to search 702 Ricker Street was supported by probable cause. We further *620 find Baker's counsel was not ineffective. Finally, we let the court of appeals decision stand as the final decision of this court as to whether the district court abused its discretion when it sentenced Baker. Therefore, we affirm the decision of the court of appeals and the judgment of the district court.
DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED.
All justices concur except McDonald, J., who takes no part.
Baker filed the motion jointly with Shana Caldwell, who faced the same charges of possession of marijuana with intent to deliver and a drug tax stamp violation. The motion to suppress only related to these two charges. Baker filed no such motion for the driving while license barred or the possession of marijuana charges.
As Baker was stopping, he threw a bag of marijuana out of his vehicle's window. Bose recovered the marijuana and placed Baker under arrest. Because Baker had the bag of marijuana in violation of Iowa law, Bose had probable cause to arrest Baker. This argument was reached by the court of appeals, which we will not disturb.
The Supreme Court has endorsed a similar procedure, saying,
[W]here the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant's request.
Franks v. Delaware
,
Reference
- Full Case Name
- STATE of Iowa, Appellee, v. Justin Andre BAKER, Appellant.
- Cited By
- 46 cases
- Status
- Published