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· 11/15/2001

State v. Naujoks

Citations

  • 637 N.W.2d 101
  • 2001 Iowa Sup. LEXIS 220
  • 2001 WL 1434392

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding officers’ war-rantless search of defendant’s apartment was not a valid protective sweep in part because there was no evidence that guns or any other weapons were involved in the burglary
  • concluding a nunc pro tunc order changing findings of guilt for third-degree burglary to findings of guilt for second-degree burglary violated the Double Jeopardy Clause
  • noting that the standard for probable cause is whether a person of reasonable prudence would believe “evidence of a crime might be located in the particular area to be searched”
  • stating information obtained after an illegal entry is tainted evidence and may not form the basis of probable cause to issue a search warrant
  • concluding evidence obtained prior to illegal entry was enough to constitute probable cause to issue the search warrant but reversing and remanding for new trial based on absence of exigent circumstances to support initial entry
  • describing our usual search and seizure analysis focused on the expectation of privacy and the reasonableness of an invasion of that privacy

Source: CourtListener parenthetical corpus (CC0).

Judges: Streit

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.