Tag: criminal defense controlled substance

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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Persons Seeking Medical Assistance for Drug-Related Overdose

Iowa law provides a legal defense for individuals who seek, obtain, or otherwise summon the assistance of law enforcement and emergency medical personnel in instances of suspected drug overdose.  With the plague of fentanyl overdoses being experienced through the state and nation, this is an appropriate measure to ensure that victims can secure desperately needed medical assistance at the earliest opportunity without fear of arrest or prosecution. Iowa Code section 124.418 was enacted in 2018.  This law categorizes any information or evidence collected or derived as a result of an overdose patient’s good-faith actions in seeking medical assistance, as “protected […]

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Felony Drug Charges Dismissed After Deputy Whiffs on Odor

When law enforcements applies for a search warrant based on the odor of marijuana, they must describe to the magistrate how they know recognize the odor. Things like training, experience, etc., in drug interdiction are critically important to establish probable cause to issue the warrant. What happens when the application is silent on training and experience? The drug crime attorneys at GRL Law recently convinced a district court in northwest Iowa to dismiss felony drug charges following a search warrant raid. A deputy sheriff claimed to have detected the odor of burnt marijuana coming from inside a residence during an […]

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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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Open Door Policy

Boone County, Iowa.  Attorney Matt Lindholm recently represented a client facing multiple drug charges following an investigation for a motorist who ran off the road and through the field.  Officers responded the clients house to investigate the failure to maintain control.  When the client answered the door he asked to be able to put some shoes on and went back in the house to do so.  The investigating officer decided to follow the client into the house without his permission and observed narcotics forming the basis of the charge.  This entry was illegal and after attorney Lindholm filed a motion […]

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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 […]

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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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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 […]

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