Category: Uncategorized

Independent Test Requests Mean Something

Madison County, Iowa.  Attorney Matt Lindholm (aka The Wolf), recently found success for his client who was facing a charge of operating while intoxicated.  The client requested an independent test following the submission to the breath test at the station but the officer who arrested the client dictated where that independent test would be conducted.  Attorney Lindholm filed a motion to suppress arguing that the breath test results were not admissible because she was not allowed an “independent test” since the officer dictated where the test was going to be done.  The judge agreed and suppressed the breath test results.  […]

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Late Night Parking

Winnebago County, Iowa.  A client facing an OWI charge in Winnebago County after being stopping while parked in a parking lot late at night made the right decision by hiring GRL Attorney Matt Lindholm (aka The Wolf).  After reviewing the video footage from the officer’s investigation Attorney Lindholm filed a motion to suppress arguing that the clients was subjected to an unreasonable search and seizure because he was not engage in any suspicious activity when he was stopped and that his rights to an independent test were violated.  Upon review of the motion to suppress, the State agreed and dismissed […]

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Thing that Make You Go HMMM

Attorney Matt Lindholm recently had one of the stranger cases of his career when he was hired on to represent a client on a burglary charge.  The case was full of many unprecedent twists and turns which required the recusal of the county attorney and transferring the case to another county.  At the end of the day, the county attorney saw this case for what it was; nothing more than an attempt to bolster a festering family law dispute and Attorney Lindholm secured a dismissal of all charges.

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Arrest Means Arrest

Under Iowa law the term “arrest” has a specific meaning and requires certain procedural steps in order to make the arrest “lawful.”  These steps are imperative when determining if a peace officer has lawfully requested a blood, breath, or urine sample from someone suspected of operating while intoxicated.  Attorney Matt Lindholm recently exploited this situation in a for a client facing an OWI charge in Decatur County, Iowa.  Despite the fact that the police officer’s report and the implied consent form (which was signed under penalty of perjury) indicated that the client had been lawfully placed under arrest for OWI, […]

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Plain View Observation is Not Probable Cause to Search

Do police have the right to search your car without a warrant if they see THC edibles in your center console during a traffic stop? The answer may surprise you. Suspected contraband in plain view does not necessarily provide probable cause to search the passenger compartment.  Sure, the observation alone might provide PC under the right circumstances, but it’s still the State’s burden to prove it. The drug defense attorneys at GRL Law believe PC requires more that just a plain view observation. Like furtive movements or efforts to conceal.  Or uncooperative behavior or false identification by the driver or […]

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The “Take-Back” Entrapment Defense

The drug defense attorneys at GRL Law are often asked about the possibility of asserting an entrapment defense in drug cases.  It’s usually in the context of a controlled buy from an informant who is trying to work off a collar. The regular entrapment defense requires evidence of excessive incitement, urging, persuasion or temptation.  Merely providing the opportunity to commit a crime is not enough. That’s why the regular entrapment defense is difficult to raise for most vanilla drug transactions.  Typically nothing excessive! But then there’s the “take-back” entrapment defense.  That is available when an informant supplies drugs to the accused […]

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Did A Glich In The DOT Computer Cause You A Longer License Suspension

A few weeks back a client called and advised that he received a ticket for “Approaching Certain Stationary Vehicles,” in violation of Iowa Code section 321.323A.  He paid the citation and now was looking at a DOT notice stating he would be losing his driver’s license for 180 days.  The notice stated he was not entitled to an appeal. Iowa Code section 321.323A requires that when you approach a stationary emergency vehicle that is displaying flashing lights, you must approach with caution and either 1) make a lane change if possible; 2) if a lane change is impossible, prohibited by […]

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Court of Appeals Reminds Drug Defense Bar to Preserve Error

On June 16, 2021 the Iowa Court of Appeals issued a reminder to the drug defense bar in State v. Britcher.  Police deployed a drug K9 around Britcher’s vehicle following a traffic stop for license plate lamp and registration plate violations.  A probable cause search ensued that revealed methamphetamine. Britcher argued on appeal that police impermissibly expanded both the duration and scope of the traffic stop.  He also challenged the use of the K9 inside his car.  Three issues in total. The Court of Appeals upheld the admissibility of evidence because police did not expand the duration of the traffic […]

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GRL Wins DOT and Saves CDL

Iowa provides a limited statutory right to speak with a family member or attorney before submitting to breath testing.  Most of the time, the driver must first trigger the right by asking for a phone call. In this case, our client told the officer he had an out-of-state CDL.  He asked whether implied consent would affect his commercial driver’s license.  When the officer said that he couldn’t answer that question, our client replied that he would wait for the lawyer to arrive. The officer immediately requested a breath specimen.  Our client refused. GRL Law recently appealed the one year revocation […]

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