Tag: article 1 section 8

Drug Charges Dismissed Following Suppression Win

When it comes to warrantless searches, the drug crime attorneys at GRL Law really know their stuff. A recent example from North Iowa shows just how they leverage their knowledge to secure a dismissal by shining a bright light on illegal police conduct. Our client was the passenger in a vehicle that was parked one minute past the deadline in a city park.  Rather than simply wave on the driver, police decided to engage the occupants instead and request identification. When the driver rolled down the window, the officer smelled marijuana. Now, the driver owned up to a vape pen […]

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CDL Saved After Urine Test Results Suppressed

In the process of saving a CDL from being disqualified, the impaired driving attorneys at GRL exposed a potential flaw in the implied consent advisory for commercial motor vehicles. The advisory provides that commercial driving privileges will be disqualified if the drivers tests over 0.04 for alcohol or refuses testing while operating a CMV. However, it says nothing about a DQ for a positive urine test. So, is a commercial driver’s decision to consent to urine testing reasoned and informed under the circumstances?  We think not. As a result, we were able to not only suppress the urine test, but […]

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Drug Charges Thrown Out After GRL Challenges Search of Commercial Motor Vehicle

In what may be the first ruling of its kind in Buchanan County, a GRL client is a free man today after the district court there suppressed the search of his semi truck and dismissed all charges. At issue was the Level II inspection criteria that many counties with weight stations impermissibly use to justify searches for “alcohol and drugs.” GRL previously covered this topic here. CDL drivers are usually at the mercy of DOT officers and state troopers who believe all closed containers in the truck cabin are subject to search.  To be sure, commercial trucking is certainly a […]

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FMCSA Level II Inspections for Alcohol and Drugs

The drug crime attorneys at GRL have seen our fair share of searches involving commercial motor vehicles.  Whether its a random stop on the highway or the weight station, DOT officers will seize the opportunity to search closed containers in the truck cab under the authority for inspecting closely regulating industries. They will tell the driver the search is for receipts and permits and the like.  But you should know it is for alcohol and drugs instead. The DOT claims it has the authority to search your mini-fridge, Igloo coolers, personal belongings, etc., based on the reference to “alcohol and […]

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Consent Searches to Verify Medical Cannabidiol Registration Status

The Iowa Department of Public Health began issuing digital medical cannabidiol registration cards for qualified patients and caregivers.  They come complete with a QR code that may be scanned by law enforcement to verify the person’s status.  The Department advises that “law enforcement representatives may request to temporarily handle your mobile device to verify your registration card.” The drug crime lawyers at GRL recommend that you consent to a request by a peace officer to briefly handle your phone to scan the QR code verifying your status as a person who can possess medical cannabidiol.  That will likely end the […]

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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 […]

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Warning! Warrantless Searches of Curbside Garbage Resume July 1, 2022

Readers of the GRL Law blog are no doubt familiar with the firm’s efforts to protect the privacy rights of Iowans in State v. Wright.  That’s the 2021 ruling from the Iowa Supreme Court that banned police from trespassing on your curbside garbage and searching it without a warrant. Predictably, the law enforcement community threw a tantrum after the ruling.  And they ran kicking and screaming to some legislators at the statehouse who obviously can’t appreciate the difference between the Iowa Bill of Rights and the Communist Manifesto. The result? Effective tomorrow, July 1, 2022, anyone can scavenge your garbage.  […]

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Drug Felonies Dismissed Following Unconstitutional Garbage RIp

Earlier this year GRL convinced the Iowa Supreme Court to outlaw the police tactic of warrantless garbage searches in State v. Wright. We haven’t rested on our laurels since the ruling.  Instead, we got to work in several counties where these trash rips resulted in felony charges. A recent case in southeastern Iowa was no exception.  The facts were essentially identical to Wright.  Police illegally trespassed onto our client’s garbage containers set out for collection to scavenge trash.  A search of this trash led to a search warrant to search our client’s home resulting in two drug felony charges. However, […]

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Dog Bite Charge Dismissed After GRL Law Raises Warrantless Entry

Today, the magistrate court dismissed charges against a GRL Law client whose dog bit a DMPD officer. The evidence showed the officer attempted to coax our client into the common area of her downtown loft to “discuss” a complaint.  However, when she declined, the officer crossed the threshold of the door to arrest her. That’s when the owner’s small dog intervened and caused $80.00 in damage to the officer’s tactical pants. We believed there was a defense to the merits because the ordinance requires proof that the owner “allowed” the dog to cause damage property.  Hard to “allow” damage when […]

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Charges Dismissed Following Trash Rip Suppression

Maybe the timing is coincidental, but GRL Law secured a dismissal of all charges in State v. Wright on the same day the Iowa Supreme Court reaffirmed the constitutional underpinning of trash rips in State v. Kuuttila. One might think that this line of cases would be the last word on the issue.  But if you read the dissent, then you’ll see that the minority clearly wants to overrule a precedent that is barely four months old.   In fact, they go as far as to encourage city councils and even the Iowa General Assembly to revive the now illegal police […]

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