State of Iowa v. Christopher D. Brown, 2017 Iowa Sup. LEXIS 9

Christopher D. Brown was arrested after two separate searches (Feb. 5 and Feb. 21, 2015) that uncovered a firearm and marijuana. His stepfather, Brent Kilburg, a Davenport police officer, performed the initial searches while off duty.
First incident: family confronted Brown after relatives suspected he took a gun; Brent stopped Brown’s car, checked Brown’s person and pockets, recovered the gun; Brown’s mother later opened a backpack and found suspected marijuana; Brent then contacted supervisors and stepped back when on-duty officers arrived.
Second incident: Brown was living with his mother and stepfather; after his mother found incriminating texts and an unsolicited Xbox, Brent searched Brown’s car trunk, found a loaded gun and marijuana, retained the items, and called the sheriff’s office; deputies later secured a warrant for the phone and arrested Brown.
Brown moved to suppress evidence from both searches on Fourth Amendment and Iowa Constitution grounds, arguing Brent acted as a state actor rather than a private individual. District court denied both motions; Brown was convicted after bench trials and appealed.
The Iowa Supreme Court reviewed de novo whether Brent’s off-duty searches constituted government action and thus implicated constitutional search-and-seizure protections.

Issue	Brown's Argument	State/Brent's Argument	Held
Whether an off-duty police officer’s searches were state action triggering Fourth Amendment/Iowa Const. protections	Brent’s status as a police officer and his conduct converted the searches into government action, so constitutional limits apply	Brent acted as a private citizen/stepfather; searches motivated by private parental concern, not governmental purpose	Court held Brent acted in private capacity; no state action; suppression not required

State v. Carter, 267 N.W.2d 385 (Iowa 1978) (off-duty officers hired via department arrangement acted as government agents)
United States v. Ginglen, 467 F.3d 1071 (7th Cir. 2006) (tests whether private actor’s primary objective was to assist law enforcement)
United States v. Couch, 378 F. Supp. 2d 50 (N.D.N.Y. 2005) (two-part test for capacity of off-duty officer: initial capacity and subsequent conduct)
State v. Walker, 459 N.W.2d 527 (Neb. 1990) (off-duty officer who acted as landlord was acting in private capacity)
Pearson v. State, 514 P.2d 884 (Or. 1973) (reserve officer who discovered contraband while performing non-police work acted as private citizen)
People v. Wachter, 130 Cal. Rptr. 279 (Ct. App. 1976) (off-duty sheriff who observed suspected marijuana while on private visit acted as private citizen)
State v. Campbell, 714 N.W.2d 622 (Iowa 2006) (Fourth Amendment protects against government intrusions; not implicated by private searches)