Tag: dismissal

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 […]

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Violation of Right to Contact Family Member Results in OWI Charge Being Dismissed

Humboldt County, Iowa- A GRL Law client was charged with OWI 1st offense. GRL attorney Grant Gangestad filed a motion to suppress evidence in the OWI prosecution based upon the officer’s violation of the client’s statutory right to contact a family member.  After reviewing the video, the prosecutor agreed to stipulate to suppression of the breath test result and amend the charge to a public intoxication and reckless driving. Client avoided jail time, a license revocation, SR-22 insurance, an ignition interlock device requirement, and thousands of dollars in fines.

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Kudos to officer for admitting his error

A Mitchell County client was arrested and charged with OWI.  Upon review of the jail video it was discovered that Client requested to call his attorney when asked to either consent or refuse to the Datamaster.  In response the officer told Client that he had to make a decision first, then he could call his attorney, because the Datamaster was for administrative purposes and a lawyer only applied to the criminal case.  This violated Client’s phone call rights.  To the credit of the officer, he contacted the county attorney, advised him that he made a mistake and that the case […]

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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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Evidence Suppressed Following Trash Rip Remand

Readers of the blog are no doubt aware of GRL Law’s work on warrantless garbage searches.  Earlier this summer, the Iowa Supreme Court ruled the police practice unconstitutional in State v. Wright, but remanded the case to the district court for a second look at the warrant. This time the district court could not consider any of the evidence seized during the trash rips in determining probable cause. The result? The only information that survived the Supreme Court’s ruling was uncorroborated hearsay.  That information itself was months old. There was no choice but to invalidate the warrant.  That means all […]

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Iowa State Fair Public Intoxication Charge Dismissed

Polk County, Iowa- A client who was attempting to enter the Grandstand at the Iowa State Fair was arrested for public intoxication by undercover officers.  The client was calm and polite, but did not provide the officers with any additional information other than what was required of him.  After successful negotiation with the prosecutor, the county attorney agreed to dismiss the public intoxication charge against Mr. Gangestad’s client.

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Diligent Pretrial Investigation Proves Client’s Innocence

Polk County, Iowa- A GRL Law client was charged with Theft 4th degree of building materials from a construction site.  The alleged complaining witness was only identified in the reports by a first name.  GRL Law attorney Grant Gangestad was able to track down the witnesses in this case and was able to prove that the client did not in fact take the materials complained of.  The prosecutor dismissed the charges as a result.

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Motion to Suppress Evidence of Traffic Stop Results in Amendment of Felony Charge

Webster County, Iowa- A GRL Law client was charged with OWI 3rd offense, a lifetime 5th OWI offense. GRL attorney Grant Gangestad filed a motion to suppress evidence in the OWI prosecution based upon an illegal and unconstitutional traffic stop of the client’s vehicle.  After reviewing the video, the prosecutor agreed to amend the charge to a 1st offense. Client avoided prison time and thousands of dollars in fines.

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NFG! Court Dismisses Four Citations Against CDL Driver

GRL Law secures yet another dismissal for a CDL driver.  DOT enforcement stopped our client for driving past an open scale.  The officer conducted a Level I inspection and ultimately cited her for multiple violations. Plea negotiations ended abruptly when the officer refused to cut any slack.  So we tried all four charges to the magistrate. The officer admitted on cross-examination that he was never placed under oath when the citations were “notarized.”  The Iowa Constitution requires that all cases be tried on information under oath. A constitutional violation, you say? The court had no choice but to dismiss all […]

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