State of Iowa v. Michael Scheffert
16-0267
| Iowa Ct. App. | May 3, 2017Background
- At 12:37 a.m. on May 30, 2015, Officer Tim Peterson stopped Michael Scheffert’s vehicle in the Falls Access area (county conservation property) because he believed it was a county park closed after 10:30 p.m.
- Officer Peterson made contact, obtained Scheffert’s consent to search, and found a marijuana pipe with residue and a small amount of marijuana; Scheffert admitted ownership.
- Scheffert was charged with possession of a controlled substance and moved to suppress the evidence, arguing the stop and search violated the Fourth Amendment and Iowa Constitution art. I, § 8.
- At the suppression hearing, testimony established the area was conservation property subject to county regulations, but the State did not introduce the county ordinance or show required posting/publication of hours; no sign with hours was proven at the scene.
- The district court denied the motion to suppress, finding the stop based on articulable cause (presence in a county access area after hours); Scheffert was convicted after a bench trial and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the vehicle stop lawful? | Officer reasonably believed Scheffert was in a county park after hours, giving probable cause/reasonable suspicion to stop. | No valid ordinance or posted notice was proved; officer lacked lawful basis for stop. | Stop unlawful under Iowa Constitution because State failed to prove a properly adopted/posted ordinance; suppression required. |
| May the court take judicial notice of the county ordinance? | Implicitly argued ordinance existed and justified the stop. | The ordinance must be pled/proved; judicial notice of ordinance not allowed. | Judicial notice of ordinance not permitted; State must plead and prove the ordinance. |
| Does a reasonable mistake of law justify the stop under state law? | Relied on Heien to support that a reasonable mistake of law can justify a stop. | Under Iowa law, a mistake of law cannot justify a stop under article I, § 8. | Heien does not alter Iowa precedent; a mistake of law cannot justify a stop under the Iowa Constitution. |
| Was suppression required of evidence obtained after unconstitutional stop? | Evidence obtained after stop was admissible if stop was lawful. | Evidence should be suppressed because stop was unlawful and ordinance not proven. | Evidence must be suppressed; district court’s denial reversed and remanded. |
Key Cases Cited
- Heien v. North Carolina, 135 S. Ct. 530 (U.S. 2014) (Supreme Court held a reasonable mistake of law can justify a stop under the Fourth Amendment)
- State v. Coleman, 890 N.W.2d 284 (Iowa 2017) (Iowa Supreme Court rejected applying Heien under Iowa Constitution; mistake of law does not justify a stop)
- State v. Tyler, 830 N.W.2d 288 (Iowa 2013) (mistake of law insufficient to justify a stop under Iowa law)
- Delaware v. Prouse, 440 U.S. 648 (U.S. 1979) (stopping a vehicle and detaining occupants constitutes a seizure requiring justification)
- Grimes v. Board of Adjustment, 243 N.W.2d 625 (Iowa 1976) (courts may not take judicial notice of an ordinance; it must be pled and proved)
- Cedar Rapids v. Cach, 299 N.W.2d 656 (Iowa 1980) (ordinances must be made part of the record to be enforceable against a defendant)