Tag: drug charges

THC Vape Charges Dismissed After Search of Mail Suppressed

It goes without saying that postal service investigations rarely turn out well for those who receive marijuana products by mail.  Drug dogs and search warrants will conspire to reveal the contents of suspicious packages before they reach the mailbox.  At that point, the recipients face a Hobson’s choice: either snitch on friends or cop to a felony. What can you do when neither is an option? You guessed it. You get the drug crime lawyers at GRL Law involved. Here’s an example of how we can flip the script on these mailed drug cases that don’t involve the odor of […]

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Drug Charge Dismissed After GRL Challenges Marijuana Identification

GRL recently put its knowledge of drug identification procedures to the test in a case involving alleged THC vape liquid. Police seized a vape cart during a traffic stop.  Field testing of the liquid extract showed a positive color change indicating the possible presence of marijuana. Frequent readers of the GRL Law blog know that field testing can mistake CBD for marijuana.  We’ve discussed this phenomenon here. This is where things get interesting. Police didn’t send the cart to the state crime lab.  Instead, they sent it to a local department that employs an officer with training in marijuana identification.  […]

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Warning! Warrantless Searches of Curbside Garbage Resume July 1, 2022

Readers of the GRL Law blog are no doubt familiar with the firm’s efforts to protect the privacy rights of Iowans in State v. Wright.  That’s the 2021 ruling from the Iowa Supreme Court that banned police from trespassing on your curbside garbage and searching it without a warrant. Predictably, the law enforcement community threw a tantrum after the ruling.  And they ran kicking and screaming to some legislators at the statehouse who obviously can’t appreciate the difference between the Iowa Bill of Rights and the Communist Manifesto. The result? Effective tomorrow, July 1, 2022, anyone can scavenge your garbage.  […]

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Reciprocity Defense for Medical Marijuana Results in Two Dismissals

Frequent visitors to the GRL Law Blog are no doubt familiar with our approach to defending medical marijuana charges. The drug defense lawyers recently raised this reciprocity defense in two separate cases.  The first dealt with raw cannabis flower purchased in another state with a valid medical card.  The other concerned edibles. In both cases, the court entered an order granting the defense and dismissing the charge at the state’s cost. We believe these are the first rulings of their kind in the state on the issue of reciprocity. Charged with possession of marijuana for out-of-state medical marijuana?  GRL knows […]

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GRL Successfully Raises Medical Marijuana Reciprocity Defense to Dismiss Drug Charge

Frequent readers of our blog are certainly familiar with the firm’s reciprocity argument regarding medical marijuana.  Normally, the State concedes this issue and voluntarily dismisses the charge.  However, the Iowa State Patrol trooper involved here objected to a dismissal.  So, we had the opportunity to finally pitch our argument to the district court. Our client held a valid medical card from Missouri.  The cannabis flower seized by the trooper was medical marijuana. The court dismissed the charge and found that Chapter 124E provides reciprocity for out-of-state medical marijuana. Charged with possession of medical marijuana?  Call the drug crime lawyers at […]

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Drug Felonies Dismissed Following Unconstitutional Garbage RIp

Earlier this year GRL convinced the Iowa Supreme Court to outlaw the police tactic of warrantless garbage searches in State v. Wright. We haven’t rested on our laurels since the ruling.  Instead, we got to work in several counties where these trash rips resulted in felony charges. A recent case in southeastern Iowa was no exception.  The facts were essentially identical to Wright.  Police illegally trespassed onto our client’s garbage containers set out for collection to scavenge trash.  A search of this trash led to a search warrant to search our client’s home resulting in two drug felony charges. However, […]

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THE BEST & #1 CRIMINAL DEFENSE ATTORNEY!

Where do I even start!?!? The best council I’ve ever needed or had represent me. Not only did he do an amazing job with the task at hand …. But he both extremely professional, and down to earth at the same time. He treated me like a regular human being, which I can’t say enough about. He had a large part of my future in his hands, and those hands were kid gloves to me, but strong and tough when representing me. He took care of almost all things needed to deal with my tough circumstances, which allowed me to […]

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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 […]

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Plain View Observation is Not Probable Cause to Search

Do police have the right to search your car without a warrant if they see THC edibles in your center console during a traffic stop? The answer may surprise you. Suspected contraband in plain view does not necessarily provide probable cause to search the passenger compartment.  Sure, the observation alone might provide PC under the right circumstances, but it’s still the State’s burden to prove it. The drug defense attorneys at GRL Law believe PC requires more that just a plain view observation. Like furtive movements or efforts to conceal.  Or uncooperative behavior or false identification by the driver or […]

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