An 18-year-old Polk County man was suspected in a drive-by shooting. He was followed and stopped by a detective driving his personal vehicle for committing traffic violations trying to evade the unknown vehicle following him. Once stopped, the detective placed client under arrest for tinted windows and running a stop sign. While client was handcuffed in the back of a squad car, the detective searched the vehicle and removed client’s phone. The detective refused to provide client his cell phone so he could call someone to pick up the vehicle. Upon arrival at the station, client was placed in a holding cell for an hour before being interrogated about the shooting. During the interrogation, the detective advised client that he wanted to look through his phone to confirm client’s denial that he had anything to do with the shooting. Client agreed that the detective could look through the phone to determine his whereabouts the night prior at the time of the shooting. Detective scrolled through client’s photos and found nude pictures of his 15-year-old girlfriend on the phone. Defendant was charged with being in possession of child pornography. GRL Attorney, Scott Michels, filed a motion to suppress alleging multiple violations of the U.S. and Iowa Constitutions. After the suppression hearing, the State agreed to dismiss the charges.
