BAILEY v. LANCASTER

No. 89-961.

470 N.W.2d 351 (1991)

Elvin BAILEY and Sonya Bailey, Individually and as Husband and Wife, Appellees, v. Jennifer LANCASTER, Lon Lindenberg, Paul Magnussen, Jim Wallace, Lowell Joslin, All Individually and as Employees of the State of Iowa, in their Official Capacities, Appellants.

Supreme Court of Iowa.

Rehearing Denied June 19, 1991.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Shirley A. Steffe, Asst. Atty. Gen., for appellants.

William J. Conroy, Jr., Des Moines, and Patrick M. Carpenter, Des Moines, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, CARTER, and LAVORATO, JJ.


SCHULTZ, Justice.

Plaintiffs Elvin Bailey and Sonya Bailey, a husband and wife, brought an action against defendants, a group of state employees who were all conservation officers for the State Conservation Commission (commission). Plaintiffs claim damages arising out of defendants' search of their residence. The search of plaintiffs' residence was carried out pursuant to a warrant which authorized a search for "[g]inseng plants or parts of, or ginseng roots or parts...

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