The Iowa Supreme Court has upheld a Des Moines man’s conviction after an unusual arrest. In 2005, an off-duty Des Moines cop saw Christopher L. Christopher driving a car, recognized the man, and pulled up alongside, asking if he was allowed to drive.
The next day, the policeman was at work, checked the records and discovered Christopher was not supposed to be driving. Rather than seek an arrest warrant, the cop decided he’d arrest Christopher the next time he saw him.
Five weeks later, the cop saw Christopher sitting outside a Des Moines home and he arrested him. A search of Christopher’s pockets revealed pot and crack. It was a third strike drug offense for Christopher and his attorneys have argued the drug evidence should not have been admitted into court because it was obtained without a warrant.
The Iowa Supreme Court has ruled that neither the state nor federal constitution requires an arrest be made with reasonable promptness after an offense is committed in the officer’s presence, and a warrant in this case was not required.
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