Federal Judge Throws Out Drugs and Gun

Fort Dodge, Webster County, Iowa – United States District Court for the Northern District of Iowa.  A federal judge ruled potentially damning evidence against the defendant inadmissible at trial due to illegal police conduct.  Significant quantities of marijuana, cocaine, crack cocaine, prescription pills and a hand gun, discovered in a duffle bag, were thrown out of court because law enforcement failed to obtain a search warrant before opening and searching the bag.  In a relatively rare move, the federal judge also made specific findings as to the arresting officers credibility.  He concluded that portions of their testimony at the evidentiary hearing was not truthful.  Client was facing a mandatory minimum of 25 years in federal prison.

The Magistrates full opinion can be accessed here.
The District Court Judge’s full opinion adopting the Magistrates Report and Recommendation can be accessed here.