False Information Results in Search Warrant Being Invalidated

Ames, Story County, Iowa.  An attention to detail and review of officer body camera footage allowed GRL Law to prove that allegations made in an Application for Search Warrant were false.  Ames Police Department Officers investigated GRL Law’s client following an early-morning accident.  GRL Law’s client was the driver of a motorcycle that was struck by another vehicle, severely injuring our client and injuring his passenger as well.  The investigation at the scene made it clear that the other vehicle did not see the motorcycle and attempted to make a left-hand turn from the far right lane of Lincoln Way, striking the motorcycle that was fully established in the inside lane of travel.  Officers arrived at the hospital and interviewed the passenger and attempted to smell around the face of GRL LAW’s client.  On their body cameras, one officer can be heard informing the other officer that he could not detect any odor of alcohol coming from GRL Law’s client.

Despite these facts, officers decided to seek a search warrant for a blood draw from GRL Law’s client.  In the Application for Search Warrant, the requesting officer alleged that one of the officers detected the odor of alcohol coming from the face of GRL Law’s client.  They also alleged that the accident was caused by GRL Law’s client.  Following a hearing, the Judge ruled that the officer’s Search Warrant Application contained false information.  With that false information removed from consideration, the Judge further concluded that the search warrant should not have been granted.  All evidence obtained as a result of the improperly issued search warrant was excluded from trial.