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STATE v. PHIPPS

No. 94-604.

528 N.W.2d 665 (1995)

STATE of Iowa, Appellant, v. Miles Wade PHIPPS, Appellee.

Court of Appeals of Iowa.

January 23, 1995.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Thomas G. Fisher, Jr., Asst. Atty. Gen., Michael W. Mahaffey, County Atty., and John C. Heinicke, Asst. County Atty., for appellant.

Nancy L. Burk, Toledo, for appellee.

Heard by DONIELSON, C.J., and SACKETT and CADY, JJ.

DONIELSON, Chief Judge.

At issue in this appeal is whether police officers have the right to detain individuals who pose a risk to the successful execution of a search warrant. When constitutional rights are at issue we conduct a de novo review of the evidence. State v. Bumpus, 459 N.W.2d 619, 622 (Iowa 1990), cert. denied, 498 U.S. 1001, 111 S.Ct. 563, 112 L.Ed.2d 570 (1990). Based upon our review of the record and...

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