State of Iowa v. Loretta Leah MacKenzie
14-1509
| Iowa Ct. App. | Nov 9, 2016Background
- On June 13, 2013 Detective Furlong collected trash set out for pickup at the end of the Mackenzies’ driveway and found marijuana stalks; he used those items to obtain a search warrant.
- On June 21, officers executed the warrant and discovered a marijuana grow operation in an RV and trailer on the property (71 plants) and related grow materials in the basement; packages addressed to Loretta and a receipt in her name for hydroponic supplies were found.
- Benton admitted the RV was brought to his property for his marijuana cultivation and claimed the plants and materials were his; he denied Loretta’s involvement at trial.
- Loretta was charged with manufacture of a controlled substance, failure to have a drug tax stamp, possession of drug paraphernalia, and conspiracy; she was convicted and sentenced (sentences suspended).
- Loretta moved to suppress evidence arguing the trash search was illegal; the district court denied suppression and the denial was affirmed on appeal. She also argued ineffective assistance for not invoking Iowa constitutional privacy protections, insufficient evidence, and medical-necessity defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of warrantless trash search | Trash search was illegal (curtilage/private road/easement) so evidence from warrant should be suppressed | Trash was placed outside curtilage, readily accessible on 183rd Ave; no reasonable expectation of privacy | Denied — trash search lawful; magistrate’s probable cause proper; suppression denied |
| State constitutional privacy claim | Counsel should have argued Iowa Constitution protects trash set out for collection | Iowa precedent holds no reasonable expectation of privacy in trash; counsel not ineffective for failing to raise meritless claim | Denied — counsel not ineffective because existing Iowa cases foreclose claim |
| Sufficiency of evidence of Loretta’s guilt | Evidence only showed knowledge of husband’s grow, not participation | Packages addressed to Loretta and hydroponic receipts supported inference she aided/abetted; jury could disbelieve Benton | Affirmed — substantial evidence supports convictions for all counts |
| Medical-necessity defense | If she aided Benton, she did so to assist his medical use of marijuana (cancer) | Iowa precedent rejects medical-necessity defense for marijuana; decision for legislature/Board of Pharmacy | Denied — court follows Bonjour; medical-necessity defense not available |
Key Cases Cited
- California v. Greenwood, 486 U.S. 35 (warrantless search of garbage left for collection does not violate Fourth Amendment)
- United States v. Spotted Elk, 548 F.3d 641 (8th Cir.) (trash outside curtilage may be searched; abandonment doctrine)
- United States v. Comeaux, 955 F.2d 586 (8th Cir.) (focus on public accessibility of garbage, not precise location)
- United States v. Trice, 864 F.2d 1421 (8th Cir.) (placing trash for collection in publicly accessible container defeats reasonable expectation of privacy)
- State v. Skola, 634 N.W.2d 687 (Iowa Ct. App.) (Iowa recognizes no expectation of privacy in curbside garbage)
- State v. Henderson, 435 N.W.2d 394 (Iowa Ct. App.) (warrantless garbage search upheld under Iowa Constitution)
- State v. Bonjour, 694 N.W.2d 511 (Iowa) (rejected medical-necessity defense for marijuana use)