Tag: criminal defense controlled substance

GRL Law Wins Landmark Search and Seizure Case Before Iowa Supreme Court

In State v. Wright, the Iowa Supreme Court recently banned warrantless searches of curbside trash.  This landmark ruling puts an end to an investigative technique used by police for decades.   The issues before the Iowa Supreme Court were matters of first impression.  The drug defense attorneys at GRL Law are the first to ever raise the issue of trespass onto a constitutionally-protected “effect” in Iowa. We are also the first to persuade an Iowa appellate court to find an expectation of privacy in uncollected garbage. Prior to Wright, police wantonly searched household garbage set out for collection.  This was often […]

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Court of Appeals Reminds Drug Defense Bar to Preserve Error

On June 16, 2021 the Iowa Court of Appeals issued a reminder to the drug defense bar in State v. Britcher.  Police deployed a drug K9 around Britcher’s vehicle following a traffic stop for license plate lamp and registration plate violations.  A probable cause search ensued that revealed methamphetamine. Britcher argued on appeal that police impermissibly expanded both the duration and scope of the traffic stop.  He also challenged the use of the K9 inside his car.  Three issues in total. The Court of Appeals upheld the admissibility of evidence because police did not expand the duration of the traffic […]

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GRL Criminal Law Division 200+ Five Star Reviews on Avvo.com

GRL Law maintains a well earned reputation from both the bench and bar across the state for its approach to defending those charged with serious crimes.  It should come as no surprise that our clients share the same opinion. The firm’s criminal law division is comprised of five experienced trial and appellate lawyers.   Collectively, they have more than 200 five-star reviews on Avvo.com. Two hundred.  Actual and organic testimonials that describe the client experience with GRL Law. When facing serious criminal charges, the most important decision you will make is the lawyer who will protect your rights.  If you or […]

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Immunity From Drug Prosecutions Under Iowa’s Good Samaritan Law

If you witness a drug overdose, then Iowa’s Good Samaritan Law will protect you if you call 911 for medical assistance. That’s right. The law provides full immunity for certain Chapter 124 drug charges including: Delivery of a controlled substance, if not done for profit (124.401); Simple possession (124.401(5)); Gatherings (124.407); and Drug paraphernalia (124.414). Generally, you cannot be arrested, charged or prosecuted for these crimes when you remain on the scene, call for medical assistance and provide your contact information to and cooperate with medical personnel.  Calling 911 should not affect your probation or parole status either.  This applies […]

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Search Warrant for Blood? Call GRL Law

There was a time when the impaired driving defense lawyers at GRL Law only encountered search warrants for blood in felony OWI cases.  Especially those involving serious injuries. Those were the days.  The police no longer reserve search warrants for just serious injury accidents.  Now, it seems they pursue blood warrants for all types of cases.  Refuse a preliminary breath test with a prior OWI conviction on your record?  Transported to the hospital where breath testing is not available?  What about the odor of marijuana or the discovery of medication not prescribed to you? It’s common practice today for the […]

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The Reciprocity Defense for Possessing Out-of-State Medical Marijuana in Iowa

When it comes to possession charges for out-of-state medical marijuana, you should look no further than GRL Law. Many prosecutors will charge these possession offenses under Iowa Code section 124.401(5).  This effectively treats medical marijuana like a street drug rather than a therapeutic purchased at a licensed dispensary.  Most attorneys who dabble in criminal defense accept this framing and go to work negotiating a mandatory minimum plea or deferred judgment. Not GRL Law. We won’t rest without fighting to get the charges dismissed. How do you choose the right attorney for this specialized possession charge in Iowa?  Just ask them […]

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Postal Service “Profile” for Mailed Drug Packages

Did you know the postal inspector examines hundreds of suspicious packages each week at the Des Moines mail processing center for narcotics and drug proceeds?  What factors make some packages stand out from others?  Here are the top 5: Fictitious name, address or telephone number.  People who ship narcotics often provide fake information to avoid detection if the package is traced.  It might be a fictitious name for the return label.  Perhaps the return address isn’t associated with the sender’s name or simply doesn’t exist.  The packing slip may provide a disconnected phone number or none at all.  While the […]

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Seizure Notices from Customs and Border Protection

If you order a controlled substance from an overseas pharmacy without a valid prescription, then you risk having the package intercepted by U.S. Customs and Border Protection. The Code of Federal Regulations, particularly 21 C.F.R. sections 1312.11 and 1312.12, prohibits the importation of controlled substances without the express authorization of the DEA.  The unauthorized importation is subject to seizure and forfeiture under 19 U.S.C. section 1595a(c)(1)(B). You may simply receive a compliance notice in the mail that allows you to abandon the package and waive any claim for its return if it appears the amount is for personal use.  If […]

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Police Cars Wired for Sound and Video . . . So Shut the F*** Up!

Here’s a pro tip from the drug defense attorneys at GRL Law: If you are placed in the patrol cruiser while the officer searches your vehicle, then don’t say a word to anyone, including yourself, about anything. Why? Because the police car is wired for video and audio.  Every word you say outside the presence of the officer is recorded to use against you later. Screaming obscenities out of earshot of police?  Calling your buddy telling him you’ll pay for his attorney if he comes forward and owns it? You’ve all but admitted you know what’s in car.  An easy […]

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Retail Sale of Raw Hemp Flower

Is it legal to sell raw hemp flower in Iowa? Yes, but it depends on the retailer’s intent. Iowa law prohibits “smokable” hemp where the intent is to inhale the products of combustion.  Possession or sale of such hemp products is punishable as a serious misdemeanor under Iowa Code section 204.14A. However, raw hemp flower, like hemp seed and powder, is very nutritious.  In addition to phytocannabinoid acids and terpenes, raw hemp flower contains essential fatty acids, amino acids, dietary fiber and other enzymes, vitamins and minerals. For that reason, it can be consumed like any other dark green leafy […]

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