Iowa Supreme Court applies ‘plain feel’ exception to uphold Fourth Amendment warrantless search
Appellate courts have over the past half century given police officers more latitude to make warrantless searches during traffic stops using two of the five senses – sight and touch – to assess whether a suspicious item discovered in a pat-down search is evidence of a crime.
The sense of touch was at issue in a decis …
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Des Moines police officers denied immunity for holding crime witnesses, Eighth Circuit rules
Federal courts recently have begun to reexamine the common law doctrine of “qualified immunity” that protects public officials from individual liability where there is no clearly established constitutional or statutory right at stake.
This reconsideration has been prompted in large part by critics of granting qualifi …
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Eighth Circuit Vacates Injunction Against Iowa’s Mask Mandate Ban On Mootness Grounds
On Monday, May 16, a panel of judges from the United States Court of Appeals for the Eighth Circuit vacated an Iowa federal district judge’s injunction barring enforcement of Iowa’s ban of mask mandates in schools. In doing so, the Court of Appeals overturned its prior ruling from January, which affirmed the injunction …
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Railroad’s share of drainage district repairs based on benefit, not cost, Iowa Supreme Court rules
A railroad whose tracks cross an agricultural drainage district should be assessed its share of the cost of repairing deteriorated drainage tile based on the railroad’s benefit from the repairs, not the added cost of complying with federal railroad regulations, the Iowa Supreme Court said in a ruling handed down May 6.
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Lay Landowner Cannot Testify About Specific Comparable Sales to Support the Valuation of His Land Without Expert Testimony, Iowa Supreme Court Rules
Iowa has long recognized what is know as “the property owner rule,” which permits a landowner to testify as a non-expert in condemnation cases about the landowner’s opinion of the value of its own property. Iowa has also long recognized that property values can be supported by the prices paid in comparable land sales. …
read moreMiranda-Type Warning Not Required For Pat-Down Searches, Iowa Supreme Court Rules
In an opinion issued on Friday, April 22, the Iowa Supreme Court held in State v. Hauge that a law enforcement officer was justified in requesting that a front-seat passenger exit a two-door vehicle in order to arrest a backseat pas …
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Iowa Supreme Court and Eighth Circuit Uphold Denials Of Insurance Coverage Arising From COVID-19 Business Closures
In separate opinions, each issued on Friday, April 22, the Iowa Supreme Court and the United States Court of Appeals for the Eighth Circuit held that businesses that closed in spring 2020 to comply with COVID-19 emergency regulations could not obtain coverage under commercial insurance policies that required “direct physi …
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Iowa Supreme Court to hear oral argument in one case April 20
The Iowa Supreme Court on April 20 will hear its final scheduled oral argument for the 2021-22 term, which ends in June.
One case, Hoffman v. Clark, will be argued at 9 a.m. Wednesday. Two other cases will be submitted to the Court without oral argument. Go to On Brief’s “read more
In Emergency Opinion, Iowa Supreme Court Rejects Challenge to Abby Finkenauer’s U.S. Senate Nominating Petition
Former Congresswoman Abby Finkenauer is seeking the Democratic nomination for U.S. Senate from Iowa for the 2022 general election. She submitted her nominating petition with the Iowa Secretary of State on March 10, 2022. Two private citizens filed objections to the petition, asserting defects wi
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Iowa Supreme Court affirms transgender discrimination claims against Iowa Department of Corrections and affirms summary judgment ruling in favor of Wellmark
Nearly 40 years ago the Iowa Supreme Court held that “sex” does not mean the same as “gender” in an employment discrimination claim brought by a transgender plaintiff. It was the first, and last, time the Court addressed that issue until April 1 when the Court reached the same conclusion in read more
FEATURED POSTS
Public invited to observe Iowa Supreme Court oral arguments at an evening session Feb. 19
The Iowa Supreme Court will hold a special evening session in Des Moines Feb. 19 to hear oral arguments in a case involving the right of a criminal suspect in police custody to contact a lawyer or family member.
Oral arguments are ordinarily held during mornings or early afternoons in Des Moines, but each term the Court …
Iowa Supreme Court: It is not enough to say that a cow does not belong on a highway
Was it enough for a truck driver who struck a cow on the interstate, seeking to prove the cow’s owner was negligent, to rely upon the very fact that the cow had been allowed to wander onto the highway in the first place?
Not without more, the Iowa Supreme Court said in a
The Iowa Supreme Court entered opinions in fourteen cases during December 2023. You can read Rox Laird’s analysis of State v. Geddes, State v. Arrieta, Harding v. Sasso, and Hummel v. Smith and Hilts v. Smith. The remaining opinions from December are summarized below. Des Moines Area Community College (DMACC) paid a female employee less than a male employee in a comparable position, but the pay differential did not amount to illegal discrimination, according to a Feb. 2 opinion by the Iowa Supreme Court. Sandra Selden, an Application Support Analyst 2 in the DMACC information technolo …December 2023 Opinion Roundup
Iowa Supreme Court reverses jury verdict in DMACC pay discrimination case
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On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.