IA: State’s constructive possession argument at trial precluded raising standing for the first time on appeal

By arguing constructive possession in the trial court and not mentioning standing, the state waived standing for appeal. “The State claimed in the district court and on appeal that Baylor had constructive possession of the drugs found in the car. This precludes the State from claiming Baylor did not have a reasonable expectation of privacy in the vehicle for the first time on appeal. See id. at 202-03 (citing Steagald v. United States, 451 U.S. 204, 209 (1981), which held the State could not challenge the defendant’s expectation of privacy in the place searched for the first time.” State v. Baylor, 2014 Iowa App. LEXIS 1237 (December 24, 2014).

Defendant’s IAC claim over a search issue not presented fails. First, he can’t show he’d possibly win the argument that a search warrant for a house still requires a second search warrant for a bedroom he occupied in the house. Second, he can’t show prejudice because of other evidence in the case. Willock v. State, 2014 Iowa App. LEXIS 1219 (December 24, 2014).*