(concurring specially).
I agree that the conviction must be reversed for the reasons set out in division II of the majority opinion. However I cannot join in division I because I believe the facts upon which the warrant was issued satisfy the probable cause requirements of State v. Birkestrand, 239 N.W.2d 353, 356 (Iowa 1976), cited by the majority.
Judge Wood knew of the anonymous tip defendant was to receive a package by mail. Although it is true the tip did not contain any information relating to drugs Judge Wood could reasonably assume the tipster believed the package contained something that would be of interest to police. Judge Wood knew a package addressed to defendant had in fact arrived from Fort Lauder-dale, Florida. He knew defendant was associated with Siemens, a convicted drug seller who lived in Fort Lauderdale. He knew defendant was also associated with Cass, a convicted drug seller whose girl friend (Soren) likewise resided in Fort Lauderdale. Cass had been observed in Waterloo with the defendant within a month prior to the time in question. During the intervening month Cass made a trip to Fort Lauderdale.
*556Cass was not above dealing with narcotics and had been known to deal in them by mail. There had been money transactions between defendant, Cass and Siemens (or Siemens’ wife) about a year before the time in question.
It is true a finding of probable cause is made somewhat more difficult by the fact Fort Lauderdale is a large city and by the absence of a showing Soren or Siemens mailed the package. However the considerable distance between Waterloo and Fort Lauderdale must also be considered. The great distance decreased the number of likely acquaintances defendant had in Fort Lauderdale and consequently increased the likelihood the packages were in fact mailed from Fort Lauderdale by Siemens or Soren.
I believe the assertions rise above mere suspicion and would cause a reasonably cautious person to believe a crime had been or was being committed. I believe the warrant was properly issued.
I concur in the result.