Tag: drug charges

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

4/20 Conviction for Drug Paraphernalia Reversed on Appeal

The drug crime attorneys at GRL were in the news again recently after a successful appeal ruling. We persuaded the district court that a Benton County magistrate judge made a mistake in finding a container with marijuana residue constituted drug paraphernalia as that term is defined in Iowa Code section 124.414. We proved that substantial evidence did not support the interpretation of the paraphernalia statute as it applied to this container.  Had the county instead charged it under the local municipal ordinance, which is much broader than the statute, then things might have turned out differently. It pays to know […]

Read More

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 […]

Read More

How Long Can an Officer Detain Me During a Traffic Stop?

Have you ever been cruising down the interstate, humming along to one of your favorites on the radio, and enjoying a beautiful day when you look in the rearview mirror and see flashes of blue and red?  You quickly look down at your speedometer.  11 m.p.h. over the speed limit. Your heart sinks.  You pull over to the side of the road. The officer approaches and tells you that you were speeding.  You swallow the lump in your throat as he asks for your license, registration, and insurance. You hand your documents to him and he briefly scans them over.  […]

Read More

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 […]

Read More

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 […]

Read More