IA: Possible presence of runaway 14 yo not exigency for warrantless entry

A runaway child was not an exigency justifying a warrantless entry into defendant’s home. “Today we must decide if a police officer may enter a third party’s residence without a search warrant based on a verbal request from the Iowa Department of Human Services (DHS) to take custody of a juvenile. The officer’s warrantless entry into the residence of David Putz and Carrie Carre to locate fourteen-year-old D.B. led to a search for drugs and charges against the couple. The district court denied Putz’s motion to suppress and convicted him on a stipulated record. In this appeal, Putz contests his drug convictions by arguing the officer’s entry violated his constitutional rights. Because the State failed to show a recognized exception to the warrant requirement justified that entry, we reverse the suppression ruling and remand for further proceedings consistent with this opinion. We reach the same conclusion in State v. Carre, No. 18-1584, 2020 Iowa App. LEXIS 250 (Iowa Ct. App. Mar. 4, 2020), also filed today.” State v. Putz, 2020 Iowa App. LEXIS 239 (Mar. 4, 2020).

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