State of Iowa v. Alan Lee Watts, Jr.
801 N.W.2d 845
| Iowa | 2011Background
- Watts, Jr. was accused in Scott County of two counts of possession with intent to deliver, two counts of drug stamp tax violations, and one count of drug paraphernalia after police conducted a search of his Hillandale Road apartment following a traffic-stop tip.
- Officers smelled marijuana upon approaching the third-floor hallway and conducted a knock-and-talk at Watts’ door, detaining him when odor intensified.
- A protective sweep revealed marijuana, packaging materials, and paraphernalia in plain view; Watts did not provide clear consent for a full search.
- After the sweep, officers sought a warrant; the magistrate crossed out the informant attachment and noted no reliance on confidential informants.
- A full search of apartment 12 yielded nearly five pounds of marijuana, a grow operation, scales, and tax stamps were not found on the marijuana or packaging.
- Watts moved to suppress the evidence; the district court denied the motion; Watts was convicted at bench trial and sentenced, with all sentences suspended and Watts placed on probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether initial warrantless entry was justified by exigent circumstances | Watts | Watts argues no exigent circumstances justified entry | Exigent circumstances not shown; initial entry unlawful |
| Whether the warrantless entry tainted the subsequent warrant | State | Tainted evidence should be suppressed if entry invalidates warrant | Warrant still valid; tainted information excised; probable cause existed independent of improper entry |
| Whether odor of marijuana established probable cause for a warrant | State | odor alone insufficient without officer qualification | Odor plus officer qualifications established probable cause to issue the warrant |
Key Cases Cited
- Katz v. United States, 389 U.S. 347 (U.S. 1967) (establishes warrant requirements and exceptions for seizures and searches)
- Maryland v. Buie, 494 U.S. 325 (U.S. 1990) (plain-view/ protective sweep limits to safety of officers)
- Chimel v. California, 395 U.S. 752 (U.S. 1969) (threshold crisis: warrantless entry prohibited absent exigent circumstances)
- Payton v. New York, 445 U.S. 573 (U.S. 1980) (fourth amendment threshold of the home requires warrants absent exigent circumstances)
- Mincey v. Arizona, 437 U.S. 385 (U.S. 1978) (exigent circumstances must be genuine and specific to justify warrantless search)
- State v. Simmons, 714 N.W.2d 264 (Iowa 2006) (odor plus expertise can establish probable cause)