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LATHAM v. SULLIVAN

No. 2-63201.

295 N.W.2d 472 (1980)

Richard T. LATHAM, Plaintiff-Appellant, v. B. C. SULLIVAN, as Judge of the Iowa District Court for Cerro Gordo County, Defendant-Appellee.

Court of Appeals of Iowa.

May 30, 1980.

Attorney(s) appearing for the Case

Joseph R. Lapointe, of Warren L. De Vries Law Office, Mason City, for plaintiff-appellant.

Thomas J. Miller, Atty. Gen. of Iowa and Rolf Aronsen, Asst. Cerro Gordo County Atty., for defendant-appellee.

Heard by OXBERGER, C. J., and DONIELSON, SNELL, CARTER and JOHNSON, JJ.

SNELL, Judge.

Plaintiff-criminal defendant challenges by way of certiorari pursuant to Iowa R.Crim.P. 11(2) the trial court's overruling of his motion in limine and motion to suppress. Plaintiff contends the warrantless search of his apartment was in violation of the fourth amendment of the United States Constitution as applied to the states through the fourteenth amendment and section eight of article one of the Iowa Constitution, and the evidence seized in the warrantless...

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