Author: Colin Murphy

Consequences of Marijuana Possession in a Commercial Motor Vehicle

The drug defense attorneys at GRL have blogged before on the pitfalls of being stopped by police with marijuana in your personal vehicle.  Fortunately, Iowa no longer suspends your driving privileges for drug convictions. Does this mean you can keep personal use quantities in the sleeper area of a semi truck? In a word, no.  Not unless, of course, you are looking to have your CDL privileges disqualified for six months. That’s right. You will lose your privilege to drive a commercial motor vehicle if convicted of most simple possession offenses.   Marijuana, amphetamines or any narcotic drug will do the […]

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GRL Saves CDL with DOT WIN

The drug defense attorneys at GRL Law prove once again that preparation is everything when it comes to implied consent testing and DOT administrative hearings.  This is especially true when it involves professional CDL drivers and forensic drug testing. In this case, a DOT officer assigned to an I-35 weigh station in North Iowa believed he had reasonable grounds to invoke implied consent and request a urine sample under Iowa Code section 321J.6 based on the discovery of a small amount of marijuana and an admission to smoking the previous evening.  When the sample came back positive for non-impairing metabolites […]

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Can Police Frisk Me for Drugs?

The drug defense attorneys at GRL Law have seen their fair share of possession cases arising from police frisks. It usually goes down like this.  Following a traffic stop for a minor traffic violation, the officer orders the driver to come back to the patrol car to process a citation. Pro tip: You are seized by the officer and legally obligated to follow this instruction.  Don’t resist, or worse, assert your rights as a sovereign citizen.  You will be definitely arrested for interference and subjected to a full search of your person, clothing and accessories like a wallet, purse or […]

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What is Aiding and Abetting a Drug Crime?

If a person approves and agrees to the commission of a drug crime, then he will be treated the same as the person who is accused of actually committing the crime.  This is referred to as “aiding and abetting.” How does a person aid and abet a drug crime? It’s simple.  Either he actively participates in a delivery or grow or knowingly advises or encourages it beforehand. Aiding and abetting may be inferred from circumstantial evidence including companionship and conduct surrounding the transaction.  This is because knowledge of a person’s state of mind is seldom capable of direct proof. For […]

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The Constructive Possession Defense for Marijuana

The drug defense attorneys at GRL Law have seen it all when it comes to traffic stops involving cannabis.  This is especially true when police charge a driver with possession for weed located under a passenger’s seat.    Is there a defense for the driver? Absolutely! Because this marijuana is not actually found on the driver, the State must establish he constructively possessed it by proving he: Exercised dominion and control over it; Knew of its presence; and Knew it was a controlled substance. A driver’s close physical proximity to contraband is insufficient to constitute dominion and control.  The same […]

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Knowledge of Drug Residue Can Be Inferred from Evidence

In State v. Hummell, No. 19-1691 (Nov. 30, 2020), the Iowa Court of Appeals reminds the criminal defense bar that a defendant’s knowledge of contraband can be inferred from evidence. The facts are pretty straightforward.  Police seized a broken glass vial with a white powdery substance from Hummell’s pocket following his arrest.  Hummell claimed that he regularly picked up random items from the ground and pocketed them.  The residue later tested positive for methamphetamine. In order to support a conviction for possession of a controlled substance, the State is required to prove two elements beyond a reasonable doubt: That the […]

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Suppression of Urine Test Result Leads to OWI Dismissal WIN

Northwood, Worth County, Iowa.  The district court in Worth County granted the State’s motion to dismiss the charge of OWI, but not before suppressing the results of a urine test. A thorough review of traffic stop and implied consent videos revealed several issues that were briefed by the drugged driving attorneys at GRL Law, including whether: The deputy lacked reasonable suspicion to detain the driver; The deputy unreasonably prolonged the traffic stop to await a drug dog; The drug dog trespassed onto the vehicle turning the “free air sniff” into an unreasonable search; The handler cued the drug dog to […]

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Problems with Traffic Stop Lead to Dismissal of Marijuana Charges

West Des Moines, Polk County, Iowa.  The drug defense attorneys at GRL Law successfully negotiated the dismissal of drug charges after challenging the traffic stop.  The arresting officer claimed in his report that “the light was red” when “[the car] traversed the intersection.”  His dash camera showed instead that our client’s car was nearly through the intersection when the signal changed from yellow to red.  There was no evidence the car entered the intersection on a yellow light.  The officer later searched the car and discovered nearly 50 grams of processed marijuana flower.  No tax stamps were affixed to the […]

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Colin Gave Me My Life Back

“NO ONE would be would be more deserving than Colin and his entire team.  I was from another state where medical marijuana was legal. With odds against me, COLIN fought tooth and nail and held on like a bulldog biting on a stick.  He gave me a life back when the systemic odds were against me. He is a rare breed of attorney that fights for what’s right regardless of how dismal or helpless things got.  He was magnificent in knowledge, skill and determination and more so . . . HEART!!!! We will be forever grateful for having a hero […]

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