IA: Relevant criminal history entitled to at least some weight in the PC determination for a SW

The state argued that the Fourth Amendment claim wasn’t preserved. Rather than go there, the court goes to the merits, maybe because it was easier. There was a substantial basis for issuing the search warrant. Moreover, a defendant’s criminal history is somewhat relevant to the probable cause determination. State v. McNeal, 2015 Iowa Sup. LEXIS 70 (June 19, 2015):

McNeal also maintains that it was improper for the issuing judge to consider his 2004 conviction for theft in the first degree. However, as a general matter, an individual’s prior criminal record is a valid consideration. See, e.g., State v. Hoskins, 711 N.W.2d 720, 727 (Iowa 2006) (considering officer’s knowledge of suspect’s prior drug convictions in determining whether there was probable cause to justify search); State v. Poulin, 620 N.W.2d 287, 290 (Iowa 2000) (considering defendant’s prior conviction in determining whether there was probable cause to support the issuance of a search warrant); State v. Padavich, 536 N.W.2d 743, 748 (Iowa 1995) (noting that several factors, including “a suspect’s history of involvement in the drug trade[,]” may be considered in determining whether there is probable cause to support the issuance of a search warrant). The use of such information is common in law enforcement and is of some, although limited, value in the ultimate determination of probable cause. The judge could consider it as a factor.