STATE v. HARBACH

No. 22-0162.

3 N.W.3d 209 (2024)

STATE of Iowa, Appellant, v. Jesse Jon HARBACH, Appellee.

Supreme Court of Iowa.

Filed February 16, 2024.


Attorney(s) appearing for the Case

Brenna Bird , Attorney General, and Israel Kodiaga , Assistant Attorney General, for appellant.

Martha Lucey , State Appellate Defender, and Maria Ruhtenberg , Assistant Appellate Defender, for appellee.

Oxley, J., delivered the opinion of the court, in which Christensen, C.J., McDonald, and May, JJ., joined. Waterman, J., filed a dissenting opinion, in which Mansfield and McDermott, JJ., joined.


The law favors warrants. And when a neutral judge issues a warrant based on an officer's sworn affidavit detailing facts that support probable cause, that affidavit is presumed to be true. Therefore, a defendant seeking to exclude facts included in a warrant application as untrue must not only show the facts to be false but must...

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