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Stoebe: Police did not violate King’s rights

Says investigators were justified during search

A district court judge has ruled that the Fort Dodge Police Department did not violate the rights of a man accused of committing a double-homicide last fall.

Tanner J. King, 28, of Fort Dodge, is facing two counts of first-degree murder in connection with the shooting deaths of brothers Marion and El Dominic Rhodes on Oct. 22, 2018, in Fort Dodge. He’s also charged with attempted murder for allegedly shooting at Cletio Clark during the same incident.

He has pleaded not guilty to the charges.

King had filed a motion back in April to keep evidence in his case out of trial, claiming that evidence was illegally obtained during a search by the Fort Dodge Police Department.

However, in a ruling issued May 29, Judge Kurt Stoebe, of the 2nd Judicial District, ruled that the search was legal and that King’s rights were not violated.

Stoebe wrote in his ruling that officers were justified and that search warrants had been legally obtained.

“The court has reviewed the search warrants and in each case finds that there is probable cause to support the warrants,” Stoebe wrote. “The court concludes that the warrants met the applicable federal and Iowa constitutional standards.”

Among King’s objections were that officers obtained a warrant for his cell phone, which he argued was irrelevant to the case.

Stoebe disagreed.

“The connection of the defendant’s cell phone to this case was quite unique,” he said. “He was seen carrying and using his cell phone as he left the crime scene. The involvement of the cell phone was more relevant than most cases. The defendant could have been recording or photographing the scene or there could have been voice or text communications.”

“Contrary to the defendant’s argument, the search of the cell phone and its contents was not the subject of a ‘general warrant’ or without probable cause,” Stoebe continued. “The location of this information could have been in multiple places in the telephone.”

Another of King’s arguments was that officers violated the terms of the search warrants when they took pictures of items that were not included in the affadavit.

At the hearing, King’s attorney, Paul Rounds, said the search warrant specifically mentioned records, receipts and paperwork, but during the search Fort Dodge Police Detective Larry Hedlund directed Brandi Weinzetl, the department’s evidence technician, to take more than 100 photos of items that included King’s wallet and its contents and a holster.

Stoebe said the mere act of taking photographs was not a violation of the search warrant.

“The photos were merely recordings of the same scene observed by officers,” Stoebe wrote. “They do not exceed the scope of the warrants.”

Hedlund testified at the suppression hearing that if investigators had photographed something that they felt was important, they would have returned at a later date with a subsequent search warrant specifically for that item.

As for the holster, Stoebe said there was no evidence to support King’s claim that it was manipulated by officers.

“It was the subject of the defendant’s commentary,” Stoebe wrote about King and the holster. “It was in plain view and its discovery was the result of consent.”

The judge went on to write that King’s claims that he was never given his Miranda rights were not true, as he was not in police custody when Hedlund interviewed him.

“Hedlund told the defendant that he was free to leave, but the defendant insisted on staying,” Stoebe wrote.

According to previous criminal complaints, Clark had confronted King early on the morning of Oct. 22, 2018, in the alley behind 910 Second Ave. N. The complaint states that King allegedly sold Clark’s girlfriend “bad” drugs.

“Clark states that during this argument Marion Rhodes walks by, exchanges words with Clark and then makes a telephone call,” according to the complaint. “Clark then states that following the telephone call by Marion, El Dominic pulls up in a vehicle and gets out.”

El Dominic Rhodes approached Clark and King as they were arguing, according to the complaint.

“At that time King pulls out a handgun and shoots El Dominic,” the complaint states. “King then turns the gun on Marion and shoots him.”

King then allegedly aimed towards Clark and fired a shot. Clark wasn’t hit, but his girlfriend’s car, which he was driving, was.

Clark drove off and King ran away, according to the complaint.

King has pleaded not guilty to all charges. His trial is scheduled to begin on Sept. 16 in Webster County.

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