Compiled by Bethany Kohoutek bethany@dmcityview.com

Dispatcher: 911...

Caller: Hi, [I'm calling from the] Travelodge on E. 14th Street. We have a drunken fellow throwing chairs in our pool. I've asked him to leave.
D: What's your address there?
C: 3685 E. 14th.
D: O.K., and tell me what this person is doing again?
C: He's in the pool area throwing the chairs into the pool.
D: Is he drunk, or?
C: Yeah, he's drunk.
D: OK, what's he described as?
C: He's a white gentleman. ... He's not wearing his shirt. In boxers.
D: O.K.... and where is the pool area? Do we have to come inside, or can we access it from the outside?
C: I believe you can access it from the outside...
D: O.K. Alright, we'll be on our way out there.
C: O.K., thank you.
D: Thank you, bye.

Officer's Report: Dispatched to the Travelodge motel on a male subject destroying property and apparently intoxicated. Upon my arrival, I saw a male subject...sitting on the sidewalk of the business wearing only a pair of underwear. [He] appeared to be intoxicated due to his slurred speech, bloodshot/watery eyes and a strong smell of alcoholic beverages on his breath. [The suspect] is staying in the motel (room 149), and around 06:30 hours he broke several fire pull stations, activated two fire extinguishers, which covered part of the business with powder. [He] also pulled a fire alarm with no fire being present. [He] threw several lawn chairs into the pool, which damaged the pool cover, and broke a gate for the pool area. Motel staff stated there was a lot of blood in [the suspect's] room, which required special cleaning procedures. There was a lot of powder from the fire extinguishers, which required cleanup along with cleaning up the entire pool area and placing items back where they belong. I arrested [the suspect] on the above listed charges and transported him to the Polk County Jail. [He] refused to submit to an alcohol test and stated he wouldn't pass anyway because he was "drunk" and had "drank a lot last night." It is unsure on the total amount of accumulated damage or cleanup costs other than it may be substantial.

Docket diving

It appeared to be a slam-dunk arrest for Officer Noah Aljets. The Ottumwa police officer clearly saw the white powder cut into lines on the mirror. A razor blade was still lying on the table. Three unsuspecting men were sitting around the table. By the end of the evening, Aljets eventually would find a total of 19 grams of cocaine along with a "large amount" of cash in Patrick Douglas' apartment. An opened-and-closed case.

The Wapello County district court seemed to agree. Considering the overwhelming evidence against Douglas, a jury wasted no time in declaring him guilty of possession and intent to deliver cocaine.

So why is Douglas out of prison, with his convictions and sentences vacated, just two years after the alleged crime?

Judges on the Iowa Court of Appeals knew that Officer Aljets actually witnessed Douglas with the cocaine. They knew that Douglas alone rented the apartment in which 19 grams of blow were found. They don't dispute that evidence.

But they do find fault with the way that Officer Aljets entered the scene. Their ruling in the Douglas case could have implications for how police gather evidence and enter potential crime scenes.

In 2004, Douglas was renting the apartment above Mug Shot Lounge, a bar in Ottumwa. On April 25, police received an anonymous call reporting that Douglas and another person were snorting and selling cocaine from the apartment.

In order to get to the upstairs apartment, Officer Aljets opened a ground-level door, which led into an enclosed stairway. Although the door had two locking mechanisms and a doorbell, it was unlocked, and Aljets later testified that he did not notice the doorbell.

Aljets proceeded to the top of the stairs, where he encountered another door. This time, he knocked. A voice called out, "Come on in." Aljets hesitated, then began to enter the apartment, when the same voice said, "Come on in, Phil."

By that point, Aljets had stepped inside the residence and witnessed Douglas and his friends, along with the cocaine. He arrested Douglas and began to collect the evidence.

After he was found guilty at trial, Douglas appealed. He contended that his Fourth Amendment protections against unlawful search and seizure were violated when Aljets entered the stairway without ringing the doorbell, and when he entered Douglas' apartment without identifying himself as a cop.

After careful consideration, the appellate court sided with Douglas. The police had invaded Douglas' privacy, the judges said, adding that the prosecution had "failed to prove Officer Aljets' entry into the stairway was reasonable."

"Because we conclude the evidence seized from Douglas' apartment should have been suppressed, we reverse Douglas' convictions and sentences and remand for further proceedings," wrote Judge J. Zimmer.

Sucks to be you

Name: Phillip Darnell Hicks
Place of Incident: 11th Street, Des Moines
Posed for this picture because: No wonder he was speeding away from cops, cruising through intersections and running through random people's houses, allegedly trying to elude arrest. When Des Moines police officers finally handcuffed Hicks in the basement of a stranger's home, they discovered that he had outstanding arrest warrants from three separate law enforcement agencies, in addition to the charges (hit and run, driving while barred, interference) he added during the car and foot chases he led police on.

Fries with that?

A fight broke out in McDonald's at 6th and University last week over a half cup of lemonade, according to police reports. A McDonald's customer told police that he ordered and paid for two sandwiches and a cup of water. When he accidentally began filling his cup with lemonade instead of water, he immediately dumped out the lemonade. As he was refilling his cup with water, the restaurant's manager approached him and allegedly said, "Are you going to pay for that lemonade?" The customer responded that the mix-up was an accident, but he reported that the manager grabbed his sandwich bag and said, "Now we're even." A dispute ensued and police had to be called to untangle the situation.

On the clock

Des Moines Police - Aug. 22

3:14 p.m.
D.O.A., of natural causes, in the 2600 block of E. 40th Street. Police were dispatched to the scene on a report that CPR was already in progress for a male victim. When they arrived, they were directed to the victim, who appeared to have "collapsed in the hallway," according to police. Officers examined the victim, who did not have a pulse. A medical examiner later determined that the victim had likely suffered a heart attack.

5:00 p.m.
Burglary in the 2300 block of Carpenter Avenue. A female victim reported that when she returned to her apartment, she found a Hy-Vee water bottle sitting on her table. She told police that Hy-Vee is not the brand of water she buys. Her cable box had been turned off, and her computer was unplugged. Nothing was missing, however, and there was no damage to her door or windows. The victim told police that she is the only one who has a key to the apartment. Police currently have no suspects.

5:30 p.m.
Assault, causing injury, at the corner of 21st Street and University Avenue. Upon arrival on the scene, the victim told police that she was assaulted by an acquaintance. The dispute appeared to be "over a boy," police reported. The victim said that her alleged attacker, a 13-year-old girl, was upset because the victim had "brought [the boy] a pair of shoes." The suspect allegedly told the victim, "How can you do that to me, bitch? You know I like him." The suspect then reportedly punched the victim in the nose and the face, and continued to hit her between 10 and 12 times. The suspect warned the victim not to contact the police, or she will "beat her up again."

(Alleged) drug dealers

Name: Tareka Lynn Carter
Arrested: Aug. 25
Possession with intent to deliver [drug type unknown]

Name: David Phillip Coleman
Arrested: Aug. 24
Possession with intent to deliver [drug type unknown]

Name: Ryan Gregory Jacobs
Arrested: Aug. 23
Possession with intent to deliver methamphetamine

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