IA: Dad can’t raise son’s rights when son was arrested and gave dad up as his source of drugs

Defendant’s juvenile son was selling from his dad’s stash. After the son’s arrest, he gave up his source. Defendant can’t raise violations of his son’s Fourth and Fifth Amendment or statutory rights as a juvenile to challenge the probable cause for the search of the house. State v. DeGroot, 2017 Iowa App. LEXIS 1140 (Nov. 8, 2017).

Whether defendant’s arrest required an arrest warrant because it was not for an indictable offense was not presented to the trial court, so it’s not preserved for review. There was probable cause for simple assault, but potentially also for a more serious assault, and that would have been lawful anyway. State v. Halverson, 2017 Iowa App. LEXIS 1117 (Nov. 8, 2017).*

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