State v. Gillespie

LAVORATO, Chief Justice.

The defendant, Jerry Lee Gillespie, appeals from the judgment and sentence entered upon his conviction of receipt of a precursor substance with intent to use such substance to manufacture a controlled substance. See Iowa Code § 124B.9(2) (1997). He challenges a district court ruling denying his motion to suppress evidence seized following a search of his vehicle. We conclude that, because there was no probable cause for the search, the district court erred in denying the motion. We reverse and remand.

I. Facts.

On June 17, 1998, at approximately 12:30 a.m., officer Chad…