910 N.W.2d 577
Iowa2018Background
- On May 30, 2015 at about 12:37 a.m., Deputy Peterson observed Michael Scheffert’s vehicle on Beaver Valley Road within the Falls Access area (county conservation property) and stopped it for being in the area after its alleged 10:30 p.m. closing time.
- Deputies obtained Scheffert’s consent to search the vehicle and found marijuana and drug paraphernalia; Scheffert was charged with second-offense possession of a controlled substance.
- Scheffert moved to suppress, arguing the stop was unlawful because (a) the county regulation setting a 10:30 p.m. closing time had not been proved posted as required by Iowa Code § 350.5, and (b) no sign with hours was present to give notice.
- The district court denied suppression; the court of appeals reversed. The Iowa Supreme Court initially vacated the district court judgment but, on rehearing, concluded the stop was lawful and affirmed the district court.
- The Supreme Court held that (1) the record (unobjected-to testimony) established a 10:30 p.m. closing time, but (2) § 350.5 requires posting before a county regulation takes effect; the county had not shown posting, so that rule never became effective—however (3) Iowa Code § 350.10 incorporates the state park default closing time of § 461A.46 (10:30 p.m.) for county lands unless validly superseded, so the officer had probable cause to stop Scheffert after 10:30 p.m.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by probable cause/reasonable suspicion | State: deputy had probable cause because Scheffert was in the county access area after the 10:30 p.m. closing time | Scheffert: no enforceable county rule because required posting under § 350.5 did not occur; absent posted notice, presence after hours was not a crime | Held: Probable cause existed because § 350.10 makes the state park default 10:30 p.m. closing time in § 461A.46 applicable when the county regulation never took effect by posting |
| Whether the county regulation (10:30 p.m.) was effective absent posting near entrances | State: posting not required to enforce; testimony established the 10:30 p.m. rule | Scheffert: § 350.5 unambiguously requires posting near each gate/principal entrance before regulations take effect | Held: § 350.5 requires posting and the county rule never took effect, but § 350.10 supplies the default § 461A.46 closing time for county lands when the board’s rule has not validly superseded it |
| Whether the officer’s alleged mistake of law could justify the stop | State (on rehearing): relied on statutory framework (§ 461A.46 and § 350.10) to show officer acted correctly | Scheffert: even a mistake of law cannot justify a stop under the Iowa Constitution (citing Tyler) | Held: Court analyzed mistake-of-law doctrine but resolved the case on statutory incorporation (§ 350.10) and probable cause, so the stop was lawful under Iowa law |
| Evidentiary foundation for proving closing hours at suppression hearing | State: deputy testimony that Falls Access closed at 10:30 p.m. was admissible and unobjected to | Scheffert: State should have produced ordinance/posting per evidentiary rules (e.g., § 622.62) | Held: Deputy Harris’s unobjected-to testimony was sufficient to establish the existence of a 10:30 p.m. closing time in the record |
Key Cases Cited
- State v. Tague, 676 N.W.2d 197 (Iowa 2004) (probable cause/reasonable suspicion standards for vehicle stops under Iowa Constitution)
- Meier v. Senecaut, 641 N.W.2d 532 (Iowa 2002) (preservation rule for appellate review)
- State v. Tyler, 641 N.W.2d 532 (Iowa 2002) (discussing mistake-of-law under Iowa Constitution)
- Heien v. North Carolina, 574 U.S. 54 (2014) (U.S. Supreme Court: objectively reasonable mistake of law may support a stop under federal Fourth Amendment)
- State v. Coleman, 890 N.W.2d 284 (Iowa 2017) (confirming Tyler’s application under the Iowa Constitution)
- United States v. Stanbridge, 813 F.3d 1032 (7th Cir. 2016) (officer’s misreading of an unambiguous statute is not objectively reasonable under Heien)
- City of Cedar Rapids v. Cach, 299 N.W.2d 656 (Iowa 1980) (statutory rule on admissibility and judicial notice of ordinances)