Home Local News IA SUPREME COURT REVERSES DRUG DOG RELATED CONVICTION

IA SUPREME COURT REVERSES DRUG DOG RELATED CONVICTION

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THE IOWA SUPREME COURT HAS THROWN OUT A DRUG POSSESSION CASE IN SIOUX CITY INVOLVING A DRUG DOG.

YALE STEVENS OF SIOUX CITY WAS CONVICTED OF POSSESSING METH FOLLOWING HIS ARREST WHEN HIS BROTHER WAS PULLED OVER IN FEBRUARY OF 2020 FOR HAVING A TAIL LIGHT OUT.

STEVENS WAS A BACKSEAT PASSENGER IN THE CAR AND SAYS THE EVIDENCE SHOULD BE SUPPRESSED BECAUSE A DRUG DOG INDICATED DRUGS WERE PRESENT AT THE DRIVER’S DOOR — BUT NEVER INDICATED HE HAD THE DRUGS IN HIS POCKET.

THE SUPREME COURT AGREED THE DRUG DOG’S POSITIVE ALERT OUTSIDE THE DRIVER’S DOOR DID NOT ALONE CREATE PROBABLE CAUSE TO SEARCH A BACKSEAT PASSENGER WITHOUT A WARRANT.