$107,000
Settlement obtained for a car accident victim and family.
$150,000
Settlement obtained from two insurance companies for a passenger in a vehicle who’s driver fell asleep at the wheel and drove off of the road.
$130,000
Mediation settlement for teenage boy who was bitten in the face by a dog
$120,000
Mediated settlement for the a man who fell on a bridge at a golf course and broke his arm.
$50,000
Insurance policy limits for a man involved in a motorcycle accident who sustained a broken leg.
$40,000
Settlement for an elementary aged girl who was bitten by a dog.
$30,000
Settlement for a man who was punched while at a bar and who sustained a broken jaw.
$29,000
A settlement awarded in arbitration for a car accident victim with soft tissue injuries to their back and neck.
March 6 2009
Iowa Supreme Court upheld the suppression of a chemical blood test result obtained from our client in an operating while intoxicated charge.
DES MOINES, IA.
14 APRIL 2009
GRL Law's client failed chemical breath test, criminal charges filed, and The State of Iowa dismissed all the criminal charges due to the police officer’s misrepresentations.
DES MOINES IOWA.
13 MAY 2009
CDL Saved - OWI 2nd Amended
Drunk Driving Second Offense charge amended to Public Intoxication and CDL and non-commercial driving privileges saved [Read More]
DES MOINES, IA. 15 MAY 2008
Law enforcement agencies refuse to respond to public requests for copies of criminal records. Under the Iowa Freedom of Information Act. Criminal Records
DES MOINES IOWA. 19 MAY 2009
Evidence suppressed and DRUNK DRIVING charge amended to public intoxication. GRL client's driver's license was never suspended.
[Read More]
DES MOINES IOWA. JUNE 1 2009.
An OWI 3rd offense was reduced to public intoxication and reckless driving. The client never lost his drivers license.
DES MOINES IOWA. 60 pounds of marijuana suppressed!
The client was stopped because police felt that his windows were tinted too much. Police officers conducted a warrantless search and found 63 pounds of marijuana, the evidence was obtained in violation of the Fourth Amendment.
June 18 2009
License suspension for Unlawful Use of License rescinded following DOT appeal.
June 29 2009
License suspension rescinded and driver’s license spared after administrative law judge concluded that officer did not grant clients request to place phone calls following arrest for OWI without “unreasonable delay”.
Iowa Sex Offender & Registration Laws Change July 1 2009
Effective July 1 2009, recent amendments designed to provide necessary exceptions and leniency for those convicted of sex crimes warranting treatment, and better protection for the public from potential re-offenders go into effect.
July 6 2009
Des Moines County OWI Charge. Motion to Suppress Evidence granted with breath test result being suppressed and charge amended down to simple misdemeanor. Iowa driving privileges spared.
July 7 2009
License suspension for speeding rescinded following DOT appeal.
July 10 2009
License suspension rescinded and driving privileges spared after administrative law judge found that the arresting officer did not have “reasonable grounds” to believe the defendant was under the influence of a controlled substance.
July 13 2009
Motion to Suppress Evidence granted with breath test refusal being suppressed and charge amended down to simple misdemeanor of Reckless Driving and Leaving the Scene of an Accident. Driver’s license spared.
July 21 2009
OWI 2nd Offense rescinded and license spared after the judge concluded that the arrested individual was not provided with a confidential consultation with his attorney during an in person consultation at the jail immediately after the clients arrest.
July 22 2009
License suspension for speeding rescinded following DOT appeal.
July 29 2009
Appanoose County felony Stalking charge amended to simple misdemeanor harassment in the 3rd degree with a deferred judgment being granted.
August 4 2009
Mahaska County OWI 1st offense was dismissed after it was determined that the stopping officer did not have a sufficient reason to stop the client’s vehicle.
August 21 2009
Jasper County Possession of Marijuana charge dismissed after judge found that the defendant’s vehicle was illegally stoped and that the continued detention of questioning of the defendant also violated the Fourth Amendment to the United States Constitution.
August 24 2009
Polk County OWI 1st offense dismissed where the arresting officer coerced the client into consenting to the breath test by telling her she would be able to get her license back sooner if she took the test and that it would be in her best interest to take the test.
August 28 2009
OWI charge dismissed where prosecutor did not subpoena witnesses nor show up prepared for trial. Trial was “continued” without motion and without a court order. Judge determined that the continuance was not properly granted and thus the charge should be dismissed.
August 28 2009
Polk County OWI charge dismissed after motion to suppress evidence is granted for an illegal stop of the defendant’s vehicle. Charges dismissed and driver’s license spared.
August 31 2009
Story County OWI Charge. County attorney concedes that the breath test result should be suppressed. Test result suppressed, driver’s license saved, charge amended down to simple misdemeanor.
September 2 2009
Operating while intoxicated second offense dismissed based upon the State not being able to proceed due to lack of evidence.
September 10 2009
Operating while intoxicated case dismissed and driver’s license spared due to officer incorrectly invoking implied consent based upon the fact that the client was on prescription medication.
September 16 2009
Hamilton County operating while intoxicated charge dismissed after judge grants defendant’s motion to suppress evidence. Driving privileges reinstated.
September 17 2009
Iowa Court of Appeals reverses GRL Law clients conviction for operating while intoxicated, second offense, finding that the arresting officer violated Iowa Code § 804.20 when he cut her phone call short after only 15 minutes of speaking with her father.
September 25 2009
Dallas County possession of marijuana charge dismissed for lack of sufficient evidence after the filing of defendant’s motion to suppress evidence.
September 29 2009
Iowa County possession with the intent to distribute marijuana, conspiracy to distribute marijuana and tax stamp violation charges put in jeopardy following the Court’s suppression of 63 pounds of marijuana.
October 5 2009
Driving privileges spared. Petition for Judicial Review was granted challenging the Iowa Department of Transportation’s attempt to suspend for operating while intoxicated when the arresting officer failed to advise him of the consequences to his commercial driver’s license
October 5 2009
Operating while intoxicated case dismissed and driver’s license spared after winning motion to suppress due to the officer not having a valid reason for stopping client when he failed to use his turn signal
October 6 2009
Warren County Operating While Intoxicated charge amended from 2nd Offense down to Simple Misdemeanors, Public Intoxication and Reckless Driving. Test refusal was suppressed and driving privileges spared.
October 7 2009
Driving privileges spared when judge concludes that the arresting officer violated licensee’s right to phone calls when he failed to provide him an opportunity to place calls upon his arrival at the police station.
October 9 2009
OWI 1st offense amended to public intoxication and reckless driving the arresting officer failed advising the client about the applicable periods of license suspension. Clients commercial & non driving privileges were spared.
October 12 2009
OWI 1st offense amended to public intoxication and reckless driving following a successful motion to suppress the officer who invoked implied consent was not certified. Client’s driver’s license was spared.
October 16 2009
Polk County OWI charge amended to Reckless Driving, motion to suppress is granted, arresting officer did not have reasonable grounds prior to requesting the preliminary breath test.
October 16 2009
Polk County carrying weapons charge dismissed by prosecution for lack of evidence.
October 26 2009
Jasper County OWI charge dismissed violation of defendant’s right to phone calls and the officer did not have reasonable grounds to invoke implied consent or probable cause to arrest defendant.
March 1 2010
Mahaska County-Oskaloosa. Client given probation after charge of vehicular homicide by intoxication was amended to vehicular homicide by intoxication.
March 1 2010
Iowa Court of Appeals in favor of client by determining that his motion to suppress should not have been dismissed because he failed to appear for his scheduled hearing. The motion to suppress was subsequently granted on remand and the client’s operating while intoxicated charge was dismissed and his license reinstated.
March 3 2010
Black Hawk County – Waterloo. OWI 3rd Offense with single- vehicle accident. Client found NOT GUILTY. Client also prevailed in DOT hearing where the DOT concluded that he only refused a request for a blood specimen and no request for urine was made or refused.
March 4 2010
Poweshiek County-Montezuma. Operating While Intoxicated 1st offense amended to reckless driving and client’s license reinstated following a successful motion to suppress.
March 10 2010
Polk County-Des Moines. Assault charged dismissed.
March 16 2010
Webster County-Fort Dodge. Operating while intoxicated 2nd offense amended to public intoxication.
March 19 2010
Keokuk County-Sigourney. Operating while intoxicated 2nd offense amended to public intoxication and reckless driving and client’s drivers license reinstated following successful motion to suppress.
March 23 2010
Story County – Ames. DUI charge amended to Public Intoxication and clients driving privileges spared when judge rules that client was provided with inaccurate and misleading information rendering his “consent” to chemical testing involuntary.
March 25 2010
Cerro Gordo County – Mason City. DUI charge dismissed after judge rules that stop of client’s vehicle was illegal and violated the 4th Amendment. Driver’s license reinstated.
March 25 2010
Polk County – Des Moines. Class D Felony Willful Injury charge amended to Assault Causing Injury with client being granted a deferred judgment.
March 30 2010
Story County – Ames. OWI charge amended to public intoxication pending ruling on client’s motion to suppress evidence.
March 30 2010
Mahaska County-Oskaloosa. OWI charged amended to reckless driving and client’s driver’s license and commercial driver’s license were reinstated following a successful motion to suppress.
April 2 2010
US District Court for the Southern District of Iowa. Judge varies from the Sentencing Guideline range suggesting life imprisonment and instead gives client the mandatory minimum punishment based upon the disparity between the treatment of crack cocaine and powder cocaine in the US Sentencing Guidelines.
April 6 2010
Polk County – Des Moines. Operating a Motor Vehicle Without Owner’s Consent case dismissed.
April 20 2010
Johnson County-Iowa City. Driving while drugged charged amended to public intoxication and client’s license saved after a successful motion to suppress where officer violated client’s right to make a phone call.
April 27 2010
Polk County-Des Moines. Operating while intoxicated1st offense dismissed and driver’s license reinstated following a successful motion to suppress for a violation of the client’s right to place a telephone call.
May 4 2010
Black Hawk County – Cedar Falls. DUI charged amended to Reckless Driving after motion to suppress evidence granted as a result of a phone call violation. Client’s driver’s license spared.
May 6 2010
Poweshiek County – Montezuma/Grinnell. 2nd Offense DUI charge dismissed for violation of Speedy Indictment.
May 14 2010
Polk County Operating While Intoxicated 1st offense case dismissed and client’s license reinstated after a successful motion to suppress where the officer did not have probable cause to stop his vehicle and also violated his rights to place a phone call.
May 26 2010
Wapello County-Ottumwa. 1st Offense DUI charge dismissed prior to trial for lack of evidence.
$150,000
Settlement obtained from two insurance companies for a passenger in a vehicle who’s driver fell asleep at the wheel and drove off of the road.
Both the Iowa and United States Constitutions prohibit unreasonable searches and seizures by government officials. This obviously begs the question of what is a “search” and what is a “seizure?”
What is a search?
A search occurs anytime the government or agents of the government intrude upon an area where a person has a reasonable expectation of privacy. A seizure occurs anytime that the government or agent of the government restrains a person’s freedom, either physically or indirectly. The test is whether or not a reasonable person would feel free to go on about their business. A seizure can also take place when the government takes possession or control of physical property or items.
Constitutional Right to Privacy
The constitution recognizes and protects our rights as citizens of this country and state to privacy in our individual’s affairs. The government may not interfere with those rights by invading our privacy, taking our property, or otherwise interfering with our individual liberties without just cause.
Before the protections of the constitution attach the individual complaining of, or seeking to prevent, the governmental intrusion must first establish that he/she has a reasonable expectation of privacy in the place or thing to be searched or seized. This will often times be established by ownership, right to occupancy, or other surrounding facts and circumstances that would make it reasonable for a person to claim that right to privacy.
If an expectation of privacy is established, the question then becomes whether or not the government intrusion or interference with the persons expectation of privacy was reasonable. The general rule of thumb is that if law enforcement or another governmental entity or agent wants to intrude upon an individual’s right to privacy, they must first obtain a search warrant that is supported by probable cause and signed off on by a neutral and detached judge or magistrate. This means that as a general rule, the police may not search a person’s car, house or personal property without a search warrant, nor may they restrain their freedom, require them to stop and talk to them without a warrant. There are however exceptions and the law surrounding these exceptions is constantly evolving and changes. The well-recognized exceptions to the warrant requirement are:
Reasonable Suspicion of Criminal Activity – Officers may seize and/or detain a person for a reasonable amount of time if they have a reasonable suspicion that the person is engaged in criminal activity. They may NOT conduct a full blown search or pat-down but they can require the individual stop what he/she is doing and speak with them as part of their investigation. If further information supports a reasonable believe that the person is armed and dangerous, a pat-down of the outerwear may be conducted. A full-blown search or even going into pockets may not be done unless additional suspicion or information is obtained from the pat-down, i.e. feeling handgun in waistband.
Consent – an individual can always consent to governmental intrusion on their privacy. This can either be explicit (written or verbal consent) or implicit (based upon actions and reactions)
Incident to Arrest – Law enforcement may search a person or the immediate “grab area” of a person incident to a lawful arrest.
Probable cause + Exigent Circumstances – if there is insufficient time to obtain a warrant, law enforcement may seize a person or search so long as they have probable cause to believe evidence of a crime will be discovered and a legitimate emergency situation exists justifying the immediate search.
Automobile Exception – If the police have probable cause to believe that evidence of a crime will be discovered within a vehicle, the mobility of the vehicle, creates the emergency circumstance explained in number 4 and the police do not need to wait to obtain a warrant.
Inventory – The police may search a vehicle that they lawfully impound in order to conduct an inventory of its contents for “safe keeping.” If this reveals evidence of criminal activity, that evidence is legally obtained so long as the impound was legal and the inventory procedures were proper and were complied with.
illegal search and seizure
A violation of the constitutional prohibitions against unreasonable searches and seizures can have a number of different effects. First, if a person is charged with a criminal offense as a result of evidence found as a result of the illegal search or seizure, that evidence can be excluded from trial by a judge. This is called suppression of evidence. Second, any constitutional violation gives rise to a potential civil cause of action against the offending governmental entity. While law suits are not appropriate in every situation, they have their time and place and courts are becoming more receptive to citizens vindicating constitutional violations through civil law suits.
From our offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa, including Polk, Warren, Dallas, Boone, Story, and Marion counties, and the cities of Des Moines, Ames, Indianola, Adel, Boone, Nevada, Urbandale, West Des Moines, Waukee, and Knoxville
Gourley, Rehkemper & Lindholm, PLC
303 Locust Street, Suite 200
Des Moines, IA 50309
(515) 226-0500 - Des Moines, Iowa
1-877-475-5297 - Nationwide Toll Free
DISCLAIMER: The information you obtain at this website is not nor is it intended to be legal advice. Anyone with a legal issue or problem, whether considering legal action or defending against a legal action, or anyone who has sustained injuries in an accident because of the negligence of another should always consult with a lawyer. The attorneys at Gourley, Rehkemper & Lindholm PLC welcome your calls, letters and e-mail. Contacting the law firm does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. The use of this website is subject to this disclaimer. You may use this site so long as you agree with the disclaimer. You may print the pages at this website so long as this disclaimer is included. Thank you for reading our disclaimer.
Attorney Cory Gourley, Attorney Robert Rehkemper & Attorney Matthew Lindholm, the founders of Gourley, Rehkemper & Lindholm PLC represent people on cases in Iowa's jurisdiction. From their law offices in Des Moines, Iowa, they frequently counsel people residing in Des Moines, West Des Moines
& throughout Polk County.
Accidents - Injury
