Iowa Supreme Court · No. 22-1703

State of Iowa v. Iowa District Court For Emmet County

Decided May 10, 2024 · appeal from Emmet County · Criminal

What the court decided

AI summary The dispute was about whether the State should be forced to pay a technology company to review a criminal defendant's emails for privileged information. The court decided to overturn the lower court's order requiring the State to cover these costs. This means the State is not required to pay for the third-party privilege review in this case.1

Result: WRIT SUSTAINED

The court’s own summary

This court granted the State’s petition for writ of certiorari to review the district court’s order requiring the State to pay for a third-party technology firm to conduct a privilege review of a criminal defendant’s emails obtained via search warrant. The State argues the district court lacked statutory authority to order the State to pay these costs. If the district court could tax the costs to a party, the State argues it should have taxed the costs to the criminal defendant.

Holding: State petitions for review of district court order regarding the assessment of costs for conducting privilege review of electronic information obtained via search warrant. WRIT SUSTAINED.

Read the opinion (PDF) · Case page on iowacourts.gov

Judges

Iowa Code it cites

§602.1508§702.7§706A.1§706A.2§708.1§708.2§714.1§714.2§721.2

Each links to the bills that change that chapter.