AGCR012545 - State drops charges against Laurens man; drugs weren't his.pdf

E-FILED 2014 MAY 13 1:25 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAY 13 1:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. BRENT W PEYTON , Defendant.

Case No: 02811 AGCR012545

INITIAL APPEARANCE

Charges:01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - 2ND OFFENSE02 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - MARIJUANA 1ST OFFENSEMaximum 6 months in county jail on the marijuana charge. The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above. The Court advises the Defendant as follows: 1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them. 2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class Aggravated Misdemeanor Serious Misdemeanor 3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail 2 Years Prison And/Or $Maximum fine of $1,000 on the marijuana charge and $6,250 on themethamphetamine charge

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E-FILED 2014 MAY 13 12:18 PM SAC - CLERK OF DISTRICT COURT

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt. 5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release: The defendant must post a cash or surety bond in the amount of $3,000. Defendant must obtain asubstance abuse evaluation at defendant's expense and provide a copy to the clerk within 30 days. Ifreleased you shall not use any alcohol or illegal drugs during the pendance of this matter. 6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis: Waived Preliminary Hearing is scheduled on 05/23/2014 at 10:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice. Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff

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State of Iowa CourtsCase Number Case TitleAGCR012545 STATE VS BRENT W PEYTONType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-05-13 12:19:18

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IN THE IOWA DISTRICT COURT FOR Sac •

DISTRICT Cuurt I OF SAC COUNTY

FILED

immy 13 PH 2= 0 COUNTY

STATE OF IOWA or

vs.

PUmtifDTetitioner,

Defendant/Respondent.

Criminal Civil

NO. Pr'oCRvjU'oH^^iinqROli^^ FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

In support of my application for appomtme^tofcoiuisel, and under penalty of perjury, the undersigned stat

^_ Cell Phone: , E-mail:

2M H0rf</Sn UuM? Home Phone:

Street Address: Street/P.O. Box Apt# Chy / State

Pending charges:

Zip

In Jail? IM Yes Q N o

Do you have a job? EL. No Job • Yes, Full Time • Yes, Part Time (List HoursAveek:

Who do you work for? ^

How much money do you currently make before taxes or deductions? & I (# M per • hour • month • year

^~ 0 How much money have you made in the last 12 months from any source, before taxes or deductions?

How many family members are supported by or Kve with you?

If a spouse lives with you, how much money does your spouse make? ' per • hour • month • year . S i -

List all other money you, or anyone else Irving in your household, has coming in: -

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: O

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit. I promise under penalty of perjury that the statements I make in this application are true and that I am unable to pay for an attorney to represent me.

Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. BRENT W PEYTON , DEFENDANT.

02811 AGCR012545

ORDER RE:

APPLICATION FOR APPOINTMENTOF COUNSEL

The defendant has made application for appointment of counsel at public expense. Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship. Attorney James A. Schall 619 Lake Ave. Storm Lake, IA 50588 (712) 291-6807, a contract attorney,is appointed. The defendant shall contact their attorney within 48 hours.

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State of Iowa CourtsCase Number Case TitleAGCR012545 STATE VS BRENT W PEYTONType: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. AGCR012545 Plaintiff, vs. TRIAL INFORMATION

BRENT WAYNE PEYTON,DOB: 07/15/1981 Defendant.

COUNT ICOMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in

the name and by the authority of the State of Iowa, accuses Defendant, Brent Wayne Peyton of

the crime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE,THIRD OR SUBSEQUENT OFFENSE, a Class D Felony in violation of Iowa Code Section

124.401(5) committed as follows:

The said Defendant, Brent Wayne Peyton, on or about May 12, 2014 in the County of

Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a controlled

substance; to-wit: A Schedule I Controlled Substance- Marijuana, and having previously been

convicted of a drug related offense twice before; Defendant having been convicted of

Possession Controlled Substance-Marijuana in Black Hawk County Iowa, in Black Hawk County

District Court, case #SRCR118789 on or about the 15th day of March 2004; and Defendant

having been convicted of Possession of Ephedrine, in Black Hawk County Iowa in Black Hawk

County District Court, Count 2 of case #FECR119218, on or about the 15th day of March 2004.

COUNT IICOMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and

in the name and by the authority of the State of Iowa, accuses Defendant, Brent Wayne Peyton

of the crime of POSSESSION OF METHAMPHETAMINE, A SCHEDULE II CONTROLLEDSUBSTANCE, a Class D Felony in violation of Iowa Code Section 124.401(5) committed as

follows:

The said Defendant, Brent Wayne Peyton, on or about May 12, 2014 in the County of

Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a controlled

substance; to-wit: a Schedule II Controlled Substance-Methamphetamine and having previously

been convicted of a drug related offense twice before; Defendant having been convicted of

E-FILED 2014 JUN 03 8:11 PM SAC - CLERK OF DISTRICT COURT

Possession Controlled Substance-Marijuana in Black Hawk County Iowa, in Black Hawk County

District Court, case #SRCR118789 on or about the 15th day of March 2004; and Defendant

having been convicted of Possession of Ephedrine, in Black Hawk County Iowa in Black Hawk

County District Court, Count 2 of case #FECR119218, on or about the 15th day of March 2004.

A TRUE INFORMATION

Prosecuting AttorneyBenjamin John SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: (712) 662-4791Fax: (712) 662-4123Email: [email protected]


mailto:[email protected]

STATE OF IOWAvsBRENT WAYNE PEYTONCRIMINAL CAUSE NO. AGCR012545

NAMES OF WITNESSES:

MATT BIEDE, DEPUTY, Sac County Sheriff's Department

TORY CUDABACK, Deputy, Sac County Sheriff's Department

AMIE L. LIVELY, Occupation Unknown

WAYNETTE SAUL, Clerk of Court, Black Hawk County Iowa Clerk of Court

MARK HEINO, Marijuana Examiner, Carroll Police Department

AMANDA KILGORE, AMY JOHNSON, DARWIN CHAPMAN, OR DESIGNATEDCRIMINALIST, Criminalist, Iowa Department of Public Safety, DCI CriminalisticsLaboratory


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleAGCR012545 STATE VS BRENT W PEYTON

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2014-06-03 20:11:51 page 4 of 4


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs BRENT W PEYTON , Defendant.

Case No: 02811 AGCR012545 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 06/18/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment. Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



Type: ORDER FOR ARRAIGNMENT


So Ordered



IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. BRENT W PEYTON , Defendant.

02811 AGCR012545 ORDER RESCHEDULING ARRAIGNMENT

On today's date, Defendant was scheduled to appear for arraignment. Defendant requests a continuance of the arraignment. The request is granted. IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on07/02/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unlessa written arraignment and plea of not guilty document in a form substantially similar tothat set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file withthe Clerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment. Clerk to Send Copies to: County Attorney Defendant Defense Counsel

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E-FILED 2014 JUN 18 10:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleAGCR012545 STATE VS BRENT W PEYTONType: ORDER FOR CONTINUANCE

So Ordered


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E-FILED 2014 JUN 18 10:48 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. BRENT PEYTON, Defendant.

No. AGCR012545

MOTION TO SCHEDULE ARRAIGNMENT

COMES NOW the State of Iowa and requests the Court schedule Defendant’s arraignment for August 6, 2014.

____________________________ Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: [email protected]

E-FILED 2014 JUL 17 9:10 AM SAC - CLERK OF DISTRICT COURT

2RCR01


STATE OF IOWA, PLAINTIFF, vs. BRENT W PEYTON , DEFENDANT.

Case No. 02811 AGCR012545 O R D E R

NOW, on this 17th day of July, 2014, the court is in receipt of the State's Motion to

Schedule Arraignment.

IT IS, THEREFORE, ORDERED that Arraignment is now scheduled for August 6, 2014

at 9:00 a.m. at the Sac County District Associate Court, Sac County Courthouse, Sac

City, Iowa.

Defendant shall personally appear for Arraignment, unless a written arraignment is filed

prior to such

hearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a

written arraignment under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time

set for hearing on Arraignment.

Failure to file a written arraignment and/or failure to appear at the time set may result in

a rule to show

cause or the issuance of a warrant for arrest.

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E-FILED 2014 JUL 17 12:41 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

JAMES A SCHALL

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State of Iowa CourtsCase Number Case TitleAGCR012545 STATE VS BRENT W PEYTONType: OTHER ORDER

So Ordered


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. BRENT W PEYTON , Defendant.

Case No: 02811 AGCR012545 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on July 29, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 09/17/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 09/30/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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E-FILED 2014 AUG 05 11:04 AM SAC - CLERK OF DISTRICT COURT

Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial. Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

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State of Iowa CourtsCase Number Case TitleAGCR012545 STATE VS BRENT W PEYTONType: ORDER SETTING TRIAL

So Ordered


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Date: 08/24/2014 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. AGCR012545vs.

Brent W. Peyton Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGEOF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic equipment(__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial and sentencing.

3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid.

Signature___/S/ Jesse Helling______________________ Date_____8/24/2014___________________ Jesse HellingMedia Coordinator, Region 4Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613 Fax: (515)574-4529

E-FILED 2014 AUG 24 10:45 PM SAC - CLERK OF DISTRICT COURT

2RCR15


STATE OF IOWA, PLAINTIFF, vs. BRENT W PEYTON , DEFENDANT.

Case No. 02811 AGCR012545 O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before September 4, 2014. If any objection is filed on or

before September 4, 2014, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before September 4, 2014, the pending Request

for Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

JAMES A SCHALL

MEDIA COORDINATOR

BRENT W PEYTON

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So Ordered


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E-FILED 2014 SEP 16 5:41 PM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, v. BRENT WAYNE PEYTON, Defendant.

Case No. AGCR012545

REPORT OF PRETRIAL CONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On September 17, 2014, the parties conducted a Pretrial Conference as ordered or in anticipation of the same. The State appeared by Sac County Attorney Ben Smith. Defendant appeared by Attorney James Schall. The parties, through the undersigned, represent the following to the Court:

A request to reschedule the Pretrial Conference to OCTOBER 15, 2014, is hereby made by the parties, Defendant will be asking to take depositions of the State’s witnesses.

__________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]


IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. BRENT W PEYTON , Defendant.

Case No: 02811 AGCR012545 Pretrial Order

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Orderrequiring parties to conduct a pretrial conference. The following order is entered:

ORDER Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on10/15/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 11/04/2014 at 9:00 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Clerk to provide notice to counsel of record.

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So Ordered


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STATE OF IOWA, Plaintiff, v. BRENT WAYNE PEYTON, Defendant.

Case No. AGCR012545

REPORT OF PRETRIAL CONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On October 14, 2014, the parties conducted a Pretrial Conference as ordered, or in anticipation of the same. The State appeared by the Sac County Attorney, Ben Smith. The Defendant appeared by his attorney, James Schall. The parties, through the undersigned, represent the following to the Court:

Depositions of the State’s witnesses are scheduled for OCTOBER 30, 2014. Therefore, the parties request that the pretrial conference and trial be rescheduled.

__________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]

E-FILED 2014 OCT 14 5:21 PM SAC - CLERK OF DISTRICT COURT


Case No: 02811 AGCR012545 Pretrial Order

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Orderrequiring parties to conduct a pretrial conference. The following order is entered:

ORDER Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on12/03/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 12/09/2014 at 9:00 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Clerk to provide notice to counsel of record.

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E-FILED 2014 OCT 15 8:45 AM SAC - CLERK OF DISTRICT COURT


So Ordered


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E-FILED 2014 OCT 15 8:45 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 10 8:55 AM SAC - CLERK OF DISTRICT COURT



Case No: 02811 AGCR012545 ORDER SETTING HEARING

The Court is in receipt of the Defendant's "Motion to Suppress" and the same should be set forhearing. IT IS ORDERED that a SUPPRESSION Hearing is scheduled on 12/03/2014 at 9:00 AM at the SacCo. Courthouse, 100 NW State St., Sac City, Iowa. Hearing shall take place in Courtroom 1. Onehour has been scheduled for said hearing. IT IS FURTHER ORDERED that the pretrial conference shall convene immediately following thehearing on the motion to suppress. Clerk to provide copies to:County AttorneyAttorney of Record

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State of Iowa CourtsCase Number Case TitleAGCR012545 STATE VS BRENT W PEYTONType: ORDER SETTING HEARING

So Ordered


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2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. BRENT W PEYTON Defendant.

Case No. 02811 AGCR012545 COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Ben SmithFor the Defendant: James SchallOther: Defendant Information required by Iowa Rule of Civil Procedure 1.903(3):I, Jessica J. Savits, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3): 1. The type of proceeding that was reported: Motion to Suppress 2. The date(s) on which the proceeding occurred: December 3, 2014 3. The name of the court reporter who reported the proceeding: Jessica J. Savits 4. The name of the judge who presided over the proceeding: Adria Kester 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and theofficial court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10. /s/ Jessica J. Savits ___________________________________ District Court Reporter These notes were electronically filed.

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E-FILED 2014 DEC 03 10:04 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleAGCR012545 STATE VS BRENT W PEYTONType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


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IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff / Petitioner, vs. BRENT W PEYTON , Defendant / Respondent.

02811 AGCR012545

ORDER OF CONTINUANCE

Following hearing on the Defendant's Motion to Suppress, the Court granted the Defendant's requestto submit a brief. Both parties shall submit a brief of their respective positions by 4:30 p.m. December5, 2014. Both parties request the trial of this matter be continued. This matter is continued, Jury Trial is scheduled on 01/27/2015 at 9:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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State of Iowa CourtsCase Number Case TitleAGCR012545 STATE VS BRENT W PEYTONType: ORDER FOR CONTINUANCE

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

BRENT W. PEYTON,

Defendant.

AGCR012545

RULING ON MOTION TO SUPPRESS

On December 3, 2014, a hearing was held on Defendant’s Motion to Suppress.

Defendant personally appeared along with his attorney, James Schall. The State was

represented by County Attorney Ben Smith. The hearing was reported. The Court heard the

testimony of the witnesses and took the matter under advisement so that it could review the

Defendant’s Brief and to consider the legal and factual issues raised. Having now considered

the evidence and arguments submitted in this matter, the Court now issues this Ruling.

Summary of Factual Background & Factual Findings

Based on the evidence submitted to the Court, the Court makes the following factual

findings: Deputy Cudabeck and Deputy Biede were enroute to serve an arrest warrant. As

Deputy Cudabeck approached the house on foot, he observed a vehicle legally parked on the

street. The vehicle caught the attention of the officer because the occupants of the vehicle

were only partially visible. The male driver of the vehicle was crouched down and “peeked”

his head up and the female passenger was reclined in the backseat. Deputy Cudabeck

approached the vehicle and confirmed there was a male in the driver seat and a female in the

back passenger seat.

Deputy Cudabeck began speaking with the driver who was identified as Brent Peyton

(“Peyton”), who advised that he and his passenger had stopped because the female was not

feeling well. The passenger, later identified as Amie Lively (“Lively”), confirmed that she

was not feeling well. As he spoke with the couple, Deputy Cudabeck smelled the odor of

marijuana coming from the vehicle. Deputy Cudabeck directed Peyton to exit the vehicle

E-FILED 2014 DEC 10 1:03 PM SAC - CLERK OF DISTRICT COURT

2

and detained him so he could speak with the passenger. Deputy Biede assisted by detaining

Peyton. Deputy Cudabeck asked Lively if there were narcotics in the vehicle. Lively

indicated there could be and handed Deputy Cudabeck a bag containing marijuana. The

deputies then searched the vehicle and located additional controlled substances.

Issues Presented

Defendant asserts that the search of his car was conducted without probable cause and

without a warrant or an exception to the warrant requirement.

Legal Analysis and Conclusions: Search of Vehicle

Defendant contends that law enforcement did not have probable cause or an

exception to the warrant requirement that permitted the search of his vehicle. The Court

disagrees. It is true that this was a warrantless search. A warrantless search violates the

Fourth Amendment unless it falls within a recognized exception. State v. Showalter, 427

N.W.2d 166 (Iowa 1998). Exceptions include: (1) consent to search; (2) the presence of

probable cause and exigent circumstances; (3) objects in plain view; and (4) search

conducted incident to a lawful arrest.

Here, there was probable cause to believe there was contraband in the car. Probable

cause exists if, given the totality of the circumstances, a reasonable person would believe

evidence of a crime will be located. State v. Simmons, 714 N.W.2d 264 (Iowa 2006). The

exigency requirement is satisfied by a vehicle’s inherent mobility. State v. Hoskins, 711

N.W.2d 720 (Iowa 2006).

In this case, in terms of probable cause to search the vehicle, Deputy Cudabeck

smelled the odor of marijuana and Lively admitted there could be marijuana in the vehicle,

and then produced a bag of marijuana. The smell of contraband coupled with the suspicious

behavior of the occupants of the vehicle and Lively’s statements and actions gave Deputy

Cudabeck probable cause to believe there was contraband in the vehicle. In addition, the car

was readily mobile, as it had recently been driven to the location. If a car is readily mobile

and probable cause exists to believe it contains contraband, the Fourth Amendment permits


3

police to search the vehicle without more. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct.

1975, 26 L.Ed.2d 419 (1970). In other words, since Deputy Cudabeck had probable cause to

believe there was contraband in the car, the Deputies were permitted to search the car.

Defendant’s objection to the legality of the search of the vehicle is, therefore, overruled. The

search of the vehicle was legal.

Summary and Conclusion

The search of Defendant’s vehicle was done in such a manner that a warrant was not

required, and, as such, did not violate Defendant’s rights to be free from unreasonable

searches and seizures.

IT IS, THEREFORE, ORDERED as follows:

Defendant’s Motion to Suppress is denied. The trial previously set in this matter shall

take place as scheduled.

Clerk to send copies to:

County Attorney

Defense Counsel: James Schall



Type: OTHER ORDER


So Ordered



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

BRENT W. PEYTON,

Defendant.

Case No. AGCR012545

MOTION TO DISMISS PURSUANT TO IOWA R. CRIM. P. 2.33

COMES NOW the State of Iowa, through Sac County Attorney Ben Smith,

and states the following in support of its Motion to Dismiss:

1. When law enforcement approached defendant’s vehicle in this

case, defendant was in the front seat, and defendant’s passenger, Amie Lively,

was in the backseat.

2. The controlled substances (methamphetamine and marijuana) and

paraphernalia (collectively, “items”) at issue were seized from the backseat of

defendant’s vehicle.

3. Amie Lively subsequently pleaded guilty to possessing the

methamphetamine (Sac County Case No. SCR012546) and admitted to

possessing the marijuana.

4. The undersigned has been informed by defendant’s counsel that

Ms. Lively plans to testify that the items belonged solely to her and defendant

was unaware that the items were in defendant’s car.

5. The defendant denied possessing the items and has maintained

that at no time did he have any knowledge that the items were in the vehicle.

WHEREFORE, based on the foregoing, the State respectfully requests

that the Court dismiss this case without prejudice, with costs to the defendant,

and order such other reliefs the Court deems just and equitable in the premises.

E-FILED 2015 JAN 21 2:18 PM SAC - CLERK OF DISTRICT COURT

____________________________ Benjamin John Smith

Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]

E-FILED 2015 JAN 21 2:18 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. BRENT W. PEYTON, Defendant.

Case No. AGCR012545

ORDER

NOW, on this 22nd day of January, 2015, the court is in receipt of the State’s

Motion to Dismiss this case. The Motion states good cause and should be granted.

IT IS THEREFORE ORDERED that the State’s Motion to Dismiss is granted.

This case is dismissed and costs are taxed to the Defendant.

Clerk to furnish copies to: Sac County Attorney Defense Counsel

E-FILED 2015 JAN 22 10:11 AM SAC - CLERK OF DISTRICT COURT


Type: OTHER ORDER


So Ordered


E-FILED 2015 JAN 22 10:11 AM SAC - CLERK OF DISTRICT COURT

Documents

AGCR012545 - State drops charges against Laurens man; drugs weren't his.pdf