State v. Delockroy

CADY, Judge.

This appeal requires us to decide when an arrest occurred for purposes of the speedy indictment rule. We reverse the ruling of the district court and dismiss the trial information.

On October 29, 1993, at around 9:30 p.m., county law enforcement officers executed a search warrant on a residence of John Smith and Shirley Delockroy near Hudson, Iowa. Smith and Delockroy were home at the time. The object of the search was drugs.

Officers entered the home with their weapons drawn after Smith initially resisted their request to execute the warrant. Smith and Delockroy were placed in…