State of Iowa v. Stephen Scott Prusha

HECHT, Justice.

Stephen Prusha contends we should now decide the question we “reserved for another day” in State v. Pals, 805 N.W.2d 767, 782 (Iowa 2011): whether article I, section 8 of the Iowa Constitution requires police to “advise an individual of his or her right to decline to consent to a search.” However, we decline Prusha’s invitation and continue to leave the consent advisory question open because we conclude Prusha did not raise the Iowa Constitution when he challenged the search before the district court. We therefore evaluate the search in this case solely under the Fourth…