STATE v. GILLESPIE

No. 94-372.

530 N.W.2d 446 (1995)

STATE of Iowa, Appellee, v. Jerry GILLESPIE, Appellant.

Supreme Court of Iowa.

April 26, 1995.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and John F. Fatino, Asst. State Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Thomas S. Tauber, Asst. Atty. Gen., John P. Sarcone, County Atty., and Jamie Bowers, Asst. County Atty., for appellee.

Considered by LARSON, P.J., and LAVORATO, NEUMAN, SNELL, and TERNUS, JJ.


LAVORATO, Justice.

Is probable cause for an anticipatory search warrant based on events that may or may not happen in the future sufficient under our search warrant statutes to make the warrant valid? The district court thought so and overruled defendant Jerry Gillespie's motion to suppress. We disagree. We reverse Gillespie's conviction based on evidence obtained under such warrant and remand for new trial.

Authorities suspected that Larry Randy Stephenson...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases