Felony Drug Charges Dismissed After New Garbage Rip Law Struck

Hey, Senator Dawson and Representative Holt!  It’s your boy, Murph. 

Didn’t I tell you in March that this wouldn’t turn out well?

I’m talking about your unconstitutional efforts to restore the illegal practice of warrantless garbage searches in Iowa.  You know, the police tactic that we struck down last year in State v. Wright?

The first district court to consider your magnum opus found it unconstitutional.

That’s right.

The State even dismissed the charges the following day.

Think about it.  It took less than 24 hours for the State to decide it wouldn’t defend your garbage on appeal.

And who would blame the State for dismissing?  Can you imagine the Attorney General arguing to the Iowa Supreme Court that the legislature has the final say on constitutional matters under our system of separation of powers?  Good luck with that.

I want you to both know that I am really enjoying this win.  It’s so professionally gratifying to share the dismissal with my client.  Thank you for that opportunity!

But I’m keeping my eye on the prize.  Getting section 808.16 before the Iowa Supreme Court.

See you at the oral argument.