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BETTUO v. PELTON

No. 2-60124.

260 N.W.2d 423 (1977)

David Randall BETTUO, Plaintiff, v. The Honorable C. H. PELTON, as Judge of the District Court of Iowa in and for Scott County, Defendant. William Donald FALBE, Plaintiff, v. The Honorable C. H. PELTON, as Judge of the District Court of Iowa in and for Scott County, Defendant.

Supreme Court of Iowa.

December 21, 1977.

Attorney(s) appearing for the Case

Dennis D. Jasper, Bettendorf, for plaintiffs.

Richard C. Turner, Atty. Gen., Faison Sessoms, Asst. Atty. Gen., for defendant.

Heard by MOORE, C. J., and RAWLINGS, REES, UHLENHOPP and McCORMICK, JJ.

RAWLINGS, Justice.

Having been separately charged with manufacturing a controlled substance, both defendants (plaintiffs herein) unsuccessfully moved to suppress evidence found in their residence during a warrantless search to which one plaintiff's estranged wife had consented. Certiorari writs were here granted and cases consolidated for purpose of review. We sustain both writs.

Instantly disputed is a September 19, 1976, search of the residence at 2324 West...

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