STATE v. HENDERSON

No. 87-1354.

435 N.W.2d 394 (1988)

STATE of Iowa, Plaintiff-Appellee, v. Jerry Lee HENDERSON, Defendant-Appellant.

Court of Appeals of Iowa.

November 29, 1988.


Attorney(s) appearing for the Case

Raymond E. Rogers, Acting Chief Appellate Defender, Des Moines, for defendant-appellant.

Thomas J. Miller, Atty. Gen., and Bruce Kempkes, Asst. Atty. Gen., for plaintiff-appellee.

Considered by HAYDEN, P.J., and SACKETT and HABHAB, JJ.


HAYDEN, Judge.

Defendant appeals from the judgment entered in the district court following his conviction for second degree theft. The defendant claims the fourth amendment prohibits the warrantless search and seizure of the garbage left for collection outside his home. We disagree and affirm the judgment of the trial court on this issue. Sentence is partially vacated.

I.

The defendant, Jerry Lee Henderson, was charged with theft in the second degree...

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