Tuesday, December 21, 2010

The Court Jesters


For me, numerous rulings by the Iowa Supreme Court makes less sense than the Danny Kaye pellet with the poison bit and the scientific community is united in that fact.

Their latest publicized ruling has given greater protection for parolees under Iowa's constitution.

Supreme Court says Bettendorf room search was improper

During a routine check of a motel, a police officer was informed a felon parolee was a registered guest.

The officer went to the room and told the parolee he was going to search the room.

The officer found a crack pipe, cocaine and prescription drugs that did not belong to the parolee.

The parolee did not consent to the search, at first, and was advised the room would be searched with or without his consent because he had signed his parole agreement that the Iowa Court of Appeals said diminished his Fourth Amendment protections.

The county attorney said in response to the ruling, “Prior to this decision, it was widely believed that parolees consented to warrantless searches as a condition of parole. In this decision, the Iowa Supreme Court has made it clear they will strictly construe constitutional issues, even more strictly than the U.S. Supreme Court.”

A sopkesman for the Iowa attorney general's office said, the Iowa court's opinion differs from that of other courts in other places.

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