State v. Fremont

APPEL, Justice.

In this case, we consider whether the search and seizure provisions of the United States and Iowa Constitutions require the suppression of evidence obtained where a search warrant was approved by a magistrate who, at the time of the execu tion of the warrant, simultaneously represented a party in a family law proceeding adverse to one of the warrant’s named parties. We hold under the facts of this case that the magistrate was not “neutral and detached” as required by the Fourth Amendment and that the doctrine of harmless error does not apply. As a result, the motion to suppress…