Tag: constructive possession

Court Grants GRL Motion to Dismiss Drug Charge

On November 28, 2022, the district court in Pocahontas County granted our application to dismiss a possession charge based on a violation of the one-year speedy trial provisions in Iowa Rule of Criminal Procedure 2.33. We were able to demonstrate that the state did not bring our client to trial within one year of his plea of not guilty and good cause did not exist to continue the prosecution under the circumstances. GRL took over the defense of this case from another firm and stood ready to defend the charge based on a constructive possession defense. We believed there was […]

Posted on September 22, 2022September 28, 2022
Colin Murphy
Articles

Objections to Inadmissible Evidence in Drug Crime Trials Must be Specific

On September 21, 2022 the Iowa Court of Appeals affirmed felony convictions for possession with intent to deliver methamphetamine and drug tax stamps in State v. Hansel. The ruling provides a great reminder to drug crime attorneys on the proper way to object to evidence, especially “prior bad acts” testimony. In this case, the arresting officer volunteered the defendant had numerous outstanding warrants including one for assault. Defense counsel simply interjected, “Your Honor,” without making a specific objection. It was enough to prevent any further prior bad acts from entering the record, but the toothpaste was obviously now out of […]

Iowa Supreme Court Reinstates Drug Possession Conviction

On December 3, 2021 the Iowa Supreme Court reinstated a drug possession conviction in State v. Jones. The ruling provides a good reminder to the drug defense bar regarding the differences between actual and constructive possession. The drugs in this case were located in a small drawstring bag on the ground near Jones’ front bumper. The Iowa Court of Appeals determined this was a constructive possession case because the bag was not found on Jones. That is an incomplete statement of the law. A person can be in actual possession when substantial evidence supports a finding the contraband was on […]

Firearm Prohibition is a Collateral Consequence of Using Marijuana

One of the collateral consequences to a drug conviction is the prohibition against possessing a firearm or ammunition. Even if the charge does not involve a firearm. Did you know that Iowa law tracks federal law when it comes to marijuana and firearms? A drug conviction within the past 365 days will trigger the prohibition. So will a self-admission of use or possession in an officer’s narrative report. Or multiple arrests within 5 years establishing a pattern of use. This can include drug related DUIs or paraphernalia charges with positive residue tests. Same for use of marijuana under a state-approved […]

Sentencing Enhancement for Felony Possession Within “Drug Free Zones”

Felony drug offenses committed within “drug free zones” risk more time in prison. A “drug free zone” can be in, on or within 1000 feet of certain property. This property includes schools, parks, swimming pools and rec centers as well as the contiguous land surrounding any buildings. Offenses committed on a marked school bus also count. Felonies include manufacturing, distributing or possessing with the intent to distribute a controlled substance listed in schedule I, II or III (simulated and imitation drugs included). The five-year enhancement applies only to adults (18 or older) who commit the offense involving another adult. The […]

Drug Charge Dismissed Following Successful Constructive Possession Defense

Webster City, Hamilton County, Iowa. A traffic stop on I-35 led to the discovery of marijuana in a car trunk. The trooper cited the driver for speeding, but charged the passenger with possession of marijuana. The drug defense attorneys at GRL Law have written before on the constructive possession defense. This case presented yet another opportunity to raise it now on the passenger’s behalf. Because the trooper did not discover the marijuana in our client’s actual possession, the state needed to prove beyond a reasonable doubt that she constructively possessed it. That requires evidence that the passenger not only knew […]

Snitch Beats Rap After Task Force FUBAR

On February 17, 2021 the Iowa Court of Appeals in State v. Tucker dismissed felony drug charges against an informant who upheld her end of a task force proffer. Although both the factual and procedural histories are long and winding, the issue on appeal was fairly straightforward. Should the court enforce a plea agreement against the State when the informant does what the prosecutor specifically asked as part of the plea agreement? Here, the informant faced 40 years in prison for methamphetamine and heroin possession. She made a proffer to the task force and agreed to testify against another party […]

Posted on February 10, 2021February 10, 2021
Colin Murphy
Articles, GRL Law

Challenging Vehicle Inventory Searches

The drug defense attorneys at GRL Law are known for aggressively challenging searches by police, particularly those arising from vehicle inventories. Those searches occur after police impound a car following a traffic stop. Before towing, police will inventory the contents to protect primarily against claims of lost or stolen property. Police often locate drugs and paraphernalia during the course of the inventory and bring additional charges against the occupants. It should come as no surprise that police often abuse their authority to initiate inventory searches as a means to poke around the car without a warrant when they have no […]

The Constructive Possession Defense for Marijuana

The drug defense attorneys at GRL Law have seen it all when it comes to traffic stops involving cannabis. This is especially true when police charge a driver with possession for weed located under a passenger’s seat. Is there a defense for the driver? Absolutely! Because this marijuana is not actually found on the driver, the State must establish he constructively possessed it by proving he: Exercised dominion and control over it; Knew of its presence; and Knew it was a controlled substance. A driver’s close physical proximity to contraband is insufficient to constitute dominion and control. The same […]

Common Police Field Test Mistakes CBD for Marijuana

Police have historically relied on the Duquénois-Levine (D-L) colorimetric field test to presumptively identify botanical material as Cannabis for the purpose of arresting a suspect for possession of marijuana. The reagent used in the D-L test reacts with a particular part of the THC molecule producing an intense violet color that is readily identifiable by law enforcement at the roadside. However, the D-L test is not specific for just THC. Many other cannabinoids, including hemp-derived extracts such as CBD, will yield similar purple hues in the presence of the reagent. Of course, these extracts are not marijuana under Iowa law, but […]