Davenport, Iowa civil rights lawyer represented the Plaintiff who sued on an Electronic Communications Privacy Act violation theory.

The ECPA, as amended, protects wire, oral, and electronic communications while those communications are being made, are in transit, and when they are stored on computers. The Act applies to email, telephone conversations, and data stored electronically. US ... More...    $0 (02-16-2024 - IA)

The following facts can be gleaned from the suppression record. Officer
Wilshusen is an officer in the Des Moines Police Department’s narcotics unit. On
June 3, 2016 at approximately 6:00 p.m., Wilshusen received information from a
confidential informant1 that Ahmetovic would be in a “black Volkswagen vehicle” in
a particular McDonald’s restaurant parking lot at approximately... More...    $0 (08-04-2018 - IA)

A.G. was born in October 2000 and the acts she alleged to have occurred
were in and around May 2014. At the time, A.G. lived in Dubuque near L.B., who
lived with her father, Michael Ball,1 and her mother, Beth Ball. A.G. testified she
and L.B. “were like sisters” and they hung out together almost every day.
During the time at issue, A.G. had a personal cell phone with ov... More...    $0 (07-19-2018 - IA)

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...    $0 (07-04-2018 - IA)

At about 6:39 a.m. on October 30, 2015, a police officer pulled over Bion Ingram, who was driving on Highway 14 in Newton, Iowa. The officer had noticed the vehicle’s license plate was not illuminated as required. After speaking with Ingram, the officer also noticed the
3
vehicle’s registration sticker did not match its license plate—the vehicle’s actual registration had expired in 2... More...    $0 (07-03-2018 - IA)

Zachary Connell was convicted of first-degree murder and child
endangerment resulting in death. State v. Connell, No. 12-0661, slip op. at *2,
2013 WL 6116831 (Iowa Ct. App. Nov. 20, 2013). Connell’s convictions resulted
from the death of A.B., who was a child of the woman with whom Connell lived,
V.B. Id. This court affirmed his convictions but remanded for resentencing More...    $0 (06-25-2018 - IA)

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...    $0 (06-19-2018 - IA)

The following facts can be gleaned from the minutes of evidence. In the
early morning hours of December 27, 2015, Sam Roberts encountered four young
males at a gas station in Cedar Falls. At 4:48 a.m., Roberts called the police and
advised these individuals followed him home from the gas station and were
knocking on his front door. Roberts described the vehicle the subjects ... More...    $0 (06-08-2018 - IA)

Claimants appeal an order by the district court that found Claimants’ Answer to the In Rem Forfeiture Complaint insufficient because it objected to providing
testimonial statements as to matters requested therein because claimant argued the
search and seizure were unlawful and such information would be fruit of the
poisonous tree, and simultaneously forfeited the property. (A1144-14... More...    $0 (06-03-2018 - IA)

Anthony Richardson appeals the denial of his application for postconviction
relief (PCR). In rejecting his claims of ineffective assistance of counsel, the district
court observed that Richardson received “a very beneficial plea” as a result of his
attorney’s negotiations with the prosecution. On appeal, Richardson insists his
attorney was ineffective in failing to secure Ric... More...    $0 (05-18-2018 - IA)

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U... More...    $0 (04-18-2018 - IA)

The facts are essentially uncontested. The officers in this case obtained a search warrant for the residence. The search warrant indicated that the police were looking for evidence of the use, sale, and distribution of narcotics, along with firearms and ammunition. The search warrant identified one man, Jeffrey Sickles, as a person to be searched. An attached police affidavit identified a woma... More...    $0 (01-08-2018 - IA)

According to the prosecution’s theory, Retterath was reenacting a
murderous plotline from an episode of Breaking Bad1 as he solicited associates
Aaron Sellers and J.R. to exact revenge against C.L., the young man who accused
Retterath of sexual abuse. The accusations of sexual abuse surfaced in January 2015, but the events
dated back more than ten years. As a young teenager,... More...    $0 (12-24-2017 - IA)

Ankeny Police Officer Jake Cusack initiated a traffic stop of the vehicle
Frescoln was driving on the night of August 12, 2016. During the stop, Officer
Cusack observed signs that Frescoln was intoxicated, and Frescoln admitted he
had consumed two beers. While Frescoln performed field sobriety tests, Officer
Cusack observed more signs that Frescoln was intoxicated. Frescoln ... More...    $0 (12-06-2017 - IA)

Viewing the trial evidence in the light most favorable to the jury’s guilty
verdicts, State v. Romer, 832 N.W.2d 169, 172-73 (Iowa 2013), the jury could
have found the following facts. Terri Andersen is Patricia Pranschke’s adult
daughter. In April 2015, a warrant was issued for Andersen’s arrest. The
warrant related to a traffic violation issued to Andersen for driving on a... More...    $0 (06-16-2017 - IA)

On June 3, 2015, Trooper Jared Rude was on duty when he stopped to
fill up his patrol car with gas at the Traer Short Stop in Traer, Iowa. As he walked
into the store to pay for the gas, the store clerk came out to inform Rude that an
intoxicated customer was leaving in a truck. The officer asked the clerk to
identify the suspect, and she pointed to a red Chevy Colorado truc... More...    $0 (06-16-2017 - IA)

On May 15, 2014, a package shipped from Mexico and destined for Waterloo arrived in this country at the FedEx hub in Memphis, Tennessee. It was addressed to Jessy Robles, 1013 Mulberry Street,
Waterloo, and contained a phone number for contact purposes with a 319 area code. United States Customs and Border Protection (CBP) officers opened and inspected the parcel on arrival in Memphis. They... More...    $0 (05-29-2017 - IA)

An Iowa State Patrol trooper was traveling on Interstate 80 when he
observed two vehicles—a white truck and black minivan—with non-Iowa license
plates traveling the opposite direction. The trooper believed the vehicles were
exceeding the speed limit. Using a speed gun, he determined the vehicles were
speeding. As the trooper and the vehicles passed each other on opposite sid... More...    $0 (02-22-2017 - IA)

On January 7, 2015, Assistance Chief Terry Miller, Deputy Gary Davis,
and Officer Todd Halverson executed a search warrant for an outbuilding and a
fifth-wheel camper located on a property in Winterset, Iowa. The search warrant
sought a 2009 Yamaha Rhino utility task vehicle (UTV) and a CAT skid loader
believed to be stolen, and sought permission to search the camper for
... More...    $0 (01-25-2017 - IA)

Robert Krogmann shot his girlfriend several times. A jury found him guilty
of attempted murder and willful injury, and the supreme court affirmed his
judgment and sentence. See State v. Krogmann, 804 N.W.2d 518 (Iowa 2011).1
Krogmann filed a postconviction relief application raising several
ineffective-assistance-of-counsel claims. The district court denied the application ... More...    $0 (01-25-2017 - IA)

McAfee was found guilty of invasion of privacy—nudity—and simple
assault. See State v. McAfee, No. 13-0268, 2014 WL 1494901, at *1 (Iowa Ct.
App. Apr. 16, 2014). On direct appeal, this court addressed McAfee’s challenge
to the sufficiency of the evidence supporting the district court’s findings of fact
and his contention that the district court should have read its decision i... More...    $0 (12-21-2016 - IA)

In August 2013, police executed a search warrant at Allen’s home in
Waterloo, Iowa. During the search, officers found several rocks of crack cocaine,
cash, a digital scale, and plastic sandwich bags with the corners removed.
Officers then obtained a search warrant to search the apartment of a woman
identified as Allen’s girlfriend. In the apartment they found receipts and ti... More...    $0 (12-21-2016 - IA)

On November 25, 2012, Des Moines police officer Todd Wilshusen was
on duty when he observed a vehicle without a front license plate. Officer
Wilshusen initiated a traffic stop. While speaking with the driver, Ortiz,
Wilshusen identified the smell of marijuana coming from inside the vehicle.
Wilshusen asked Ortiz where the marijuana was, and Ortiz responded the
occupants... More...    $0 (12-01-2016 - IA)

Bradley Qualls was charged by trial information with invasion of privacy—
nudity, a serious misdemeanor. The complaining witness is an adult relative of
Qualls’s wife.
In the spring of 2014, the complaining witness went to Qualls’s home to
use a basement shower, as the shower at the complaining witness’s home was
inoperable. While she showered, Qualls admitted to recordi... More...    $0 (09-16-2016 - IA)

Shortly after 1:00 a.m. on April 13, 2009, Officer Paul Parizek observed a
pickup truck with an equipment violation and activated his emergency lights. As
driver Michael Scopa started to pullover, Parizek observed passenger Joseph
Stephen “moving around, kind of shifting from side to side in his seat.” Because
the stop occurred in a remote, dark area, Parizek approached the t... More...    $0 (07-03-2016 - IA)

In the early morning hours of Labor Day, September 1, 2014, Officer Brian Cuppy was on patrol in downtown Des Moines when he saw a truck eastbound on Court Avenue stop for a red light in the middle of the intersection with Water Street with its “back tires . . . more than five feet past the cross walk.” Officer Cuppy followed the truck, activated his police cruiser’s flashing lights, and initiate... More...    $0 (06-25-2016 - IA)

In this case, we consider whether a search of a high school student’s football equipment bag by a school official violated the constitutional limitations on searches and seizures under the Fourth Amendment of the United States Constitution and article I, section 8 of the Iowa Constitution. The district court found that the school official had reasonable grounds to search the bag. The court of ap... More...    $0 (06-25-2016 - IA)

Patrick White appeals his conviction for operating while intoxicated (OWI),
claiming the district court erred in denying his motion to suppress evidence
obtained by law enforcement. We affirm.
In the late evening hours of October 7, 2013, Jack Swails called 911 and
reported that another motorist, Patrick White, had backed into his vehicle while
they were stopped at a re... More...    $0 (06-19-2016 - IA)

In July 2002, as a result of a home invasion, Majors was charged with
eleven counts: two counts of attempted murder, one count of first-degree
burglary while in possession of a firearm, three counts of assault while
participating in first-degree burglary while in possession of a firearm in a
weapons-free zone, three counts of going armed with intent, and two counts of
crim... More...    $0 (06-18-2016 - IA)

In December 2012, the Scott County Attorney filed a trial information
charging Leatherberry with willful injury causing serious injury, robbery in the first
degree, and theft in the first degree. Leatherberry agreed to plead guilty to the
lesser-included offense of willful injury causing bodily injury and theft in the first
degree in return for the State’s dismissal of the rob... More...    $0 (05-26-2016 - IA)

On February 14, 2013, conservation officers from the Iowa Department of
Natural Resources (DNR) executed a search warrant at Schroeder’s residence.
Schroeder’s adult son, who was living in Schroeder’s home at the time, was the
subject of the investigation. The DNR officers had been told Schroeder was
believed to be involved in the manufacturing of methamphetamine in a briefin... More...    $0 (05-26-2016 - IA)

Fatland was charged with three counts of child endangerment resulting in
serious injury, in violation of Iowa Code section 726.6(5) (2013), class “C”
felonies. The State alleged Fatland had shaken her five-month-old baby on three
occasions, causing injury to the child. Fatland entered into a plea agreement in
which she pled guilty to two counts of child endangerment resulting... More...    $0 (05-12-2016 - IA)

A jury found church youth group leader Steven Rees guilty of sexual
exploitation of a minor and invasion of privacy. The district court sentenced him
to concurrent prison terms of ten years and one year, respectively. This court
affirmed his judgment but remanded for resentencing based on the court’s
consideration of an impermissible factor. See State v. Rees, No. 14-1124, 2... More...    $0 (05-12-2016 - IA)

Daniel Bratcher appeals his conviction and sentence for assault with intent
to commit sexual abuse, an aggravated misdemeanor, in violation of Iowa Code
section 709.11 (2013). Bratcher maintains the district court abused its discretion
by allowing a uniformed jailer to accompany him into chambers each time a
prospective juror was individually questioned because it suggested he... More...    $0 (04-28-2016 - IA)

This appeal presents questions of first impression concerning access to records of dependent adult abuse sealed under Iowa Code section 235B.9 (2013) and the use of such information in a criminal prosecution. The defendant, while employed at a home caring for dependent adults, allegedly punched a disabled client and was charged with dependent adult abuse in violation of section 235B.20(7). The S... More...    $0 (04-23-2016 - IA)

Fermani Maldonado challenges his convictions for robbery in the first
degree, burglary in the first degree, and assault with intent to inflict serious injury.
He argues the State failed to prove his participation in these crimes amounted to
aiding and abetting or joint criminal conduct. Because the jury could have
reasonably concluded from the State’s proof that Maldonado dis... More...    $0 (04-06-2016 - IA)