Category: Uncategorized

Discovering the Identity of a Snitch in Marijuana Search Warrant Cases

Cooperating individuals, or snitches, work closely with police in exchange for either money or leniency with their own drug charges.   They are permitted to operate with virtual anonymity in order to set up as many people as possible.  Police and prosecutors also go to great lengths to protect the identity of these assets from being disclosed. This is typically on full display in marijuana search warrant cases.  The snitch provides tips to police to establish a reasonable suspicion of criminal activity, which when coupled with other information can provide probable cause to issue a warrant.  Or they might participate instead […]

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Applying the Trespass Doctrine to K9 Sniffs in Marijuana Traffic Stops

In United States v. Jones, 565 U.S. 400 (2012), the Supreme Court announced that any physical intrusion onto a personal “effect,” such as a vehicle parked on a public street, was a search under the Fourth Amendment when done for the purposes of gathering information. Most attorneys and judges understand Jones to be the “GPS monitoring” case because the F.B.I. joint task force affixed a tracking device to a vehicle driven by a suspected drug trafficker.  The attorneys at GRL Law know, however, that the reach of Jones and its progeny extend far beyond its facts.  We believe it has […]

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Yes, Drug Testing Methods Can Mistake Hemp-Derived CBD for THC

I recently came across a little-known study published in the Journal of Analytical Toxicology that raises serious questions regarding whether the gold standard in forensic urine testing could mistake hemp-derived CBD for THC. Many laboratories include derivatization as a part of their sample preparation for analysis by gas chromatography – mass spectroscopy (GC-MS).  Derivatization is the process by which a compound is changed chemically so that it has properties that are more amenable to a particular analytical method.  Essentially, the new compound becomes more suitable for detection and analysis. Researchers discovered trifluoracetic anhydride (TFAA), a common derivatizing agent used in GC-MS […]

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Defending the Sentencing Enhancement for Firearms in Felony Marijuana Possession Cases

All too often, inexperienced attorneys defending felony marijuana cases fail to fully appreciate the incredibly significant impact that evidence of a firearm can have on sentencing. How significant, you ask? Under Iowa Code section 124.401(1)(e), a person in the immediate possession or control of a firearm while possessing marijuana for delivery shall be sentenced to twice the term provided.  As a result, the nickel for a few ounces of bud may be enhanced to a dime simply because of a gun.  In other words, the Glock 19 seized by the task force now earns the unsuspecting person 10 years behind […]

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The Accommodation Defense for Marijuana in Iowa

In Iowa, a person who possesses up to 50 kilos of marijuana with the intent to deliver it to another can be charged with felony possession under Iowa Code section 124.401(1)(d).  Fifty kilos of marijuana tip the scales at 110 pounds, but you don’t need to be holding Black Tuna Gang quantities to risk a prison sentence.  Depending on the surrounding circumstances, possession of a few quarter ounce bags or less can lead the state to charge a class D felony. However, if the evidence at trial demonstrates the person possessed one-half ounce or less (< 14.17 grams) of marijuana, […]

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Prior Out-of-State Convictions for Marijuana Possession

Prior out-of-state convictions for marijuana can be very problematic if you are arrested for a possession offense in Iowa. Iowa Code section 124.411 provides “an offense is considered a second or subsequent offense, if, prior to the person’s having been convicted of the offense, the offender has ever been convicted under this chapter or under any state or federal statute relating to . . . marijuana . . . .”  Prosecutors typically rely on this provision in charging a second offense when you are charged with felony possession with intent to deliver or manufacture in Iowa and have any prior […]

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Officer’s refusal to allow phone call to attorney results in reduced charges

A Wapello County man was arrested for OWI and taken to the station for chemical testing.  Upon arrival at the station, Client requested to make phone calls.  The officer allowed him to place phone calls and walked out of the room.  Upon the officer’s return, Client informed him that his friend would be sending him the phone number for an attorney.  The officer informed him that he would not allow any additional time to get the number and to call the attorney.  The Administrative Law Judge agreed that the DOT’s revocation of his driver’s license could not stand due to […]

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Challenging the Certified Weight of Marijuana in Drug Stamp Tax Cases

Most Iowans are unaware they can be charged with a felony for simply possessing 42.5 grams or more of processed marijuana flower without first affixing tax stamps issued by the Iowa Department of Revenue to the Ziploc baggie. Quantities up to 42.5 grams (just shy of one and one-half ounces), especially in a single package, are certainly indicative of personal use.  Anything over that amount, however, and you are labeled a “dealer” for tax stamp purposes.  At $5.00 per gram, these stamps can add up to 50% to the street cost of medium quality cannabis.  That’s a small price to […]

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Iowa Permits to Carry Do Not Expire During COVID-19 Proclamation of Disaster Emergency

On July 24, 2020 Governor Reynolds continued the Proclamation of Disaster Emergency for the State of Iowa that extends until August 23, 2020 at 11:59 p.m. Specifically, the Proclamation temporarily suspends the regulatory provisions of Iowa Code sections 724.6, 724.7 and 724.20 regarding professional and nonprofessional permits to carry firearms. This means that if you hold a resident permit that would have expired after March 17, 2020, then that permit is still valid for as long as the Governor continues the disaster emergency. Some county sheriffs will allow you to renew either in person or by mail, but for the […]

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Effective July 15, 2020, Fines for Criminal Offenses Change

Effectively July 15, 2020, the financial penalties for all criminal offenses undergo significant changes. Maximum and minimum fines for five separate categories of offenses will change to the following: Simple Misdemeanors: Minimum Fine – $105.  Maximum Fine – $855 Serious Misdemeanors: Minimum Fine – $430.  Maximum Fine – $2,560 Aggravated Misdemeanors: Minimum Fine – $855.  Maximum Fine – $8,540 Class D Felony:  Minimum Fine – $1,025.  Maximum Fine – $10,245 Class C Felony:  Minimum Fine – $1,370.  Maximum Fine – $13,660. The changes do not alter the otherwise mandatory minimum fines applicable to offenses such as operating while intoxicated. The new law […]

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