drug charges Archives - Page 4 of 6

Sentencing Enhancement for Felony Possession Within “Drug Free Zones”

Felony drug offenses committed within “drug free zones” risk more time in prison. A “drug free zone” can be in, on or within 1000 feet of certain property. This property includes schools, parks, swimming pools and rec centers as well as the contiguous land surrounding any buildings. Offenses committed on a marked school bus also count. Felonies include manufacturing, distributing or possessing with the intent to distribute a controlled substance listed in schedule I, II or III (simulated and imitation drugs included). The five-year enhancement applies only to adults (18 or older) who commit the offense involving another adult. The […]

The “Take-Back” Entrapment Defense

The drug defense attorneys at GRL Law are often asked about the possibility of asserting an entrapment defense in drug cases. It’s usually in the context of a controlled buy from an informant who is trying to work off a collar. The regular entrapment defense requires evidence of excessive incitement, urging, persuasion or temptation. Merely providing the opportunity to commit a crime is not enough. That’s why the regular entrapment defense is difficult to raise for most vanilla drug transactions. Typically nothing excessive! But then there’s the “take-back” entrapment defense. That is available when an informant supplies drugs to the accused […]

Drug Charges Resulting from a Trash Rip Search Warrant? Call GRL Law

If you are facing drug charges arising from a trash rip search warrant, then you should call the drug defense attorneys at GRL Law. GRL Law pioneered the novel legal challenge to the admissibility of evidence seized from these search warrants in State v. Wright. Police can no longer trespass onto your personal property to gather information. Iowans also have a constitutionally recognized expectation of privacy in garbage set out for curbside collection. Many attorneys are simply unaware of these recent developments and may overlook the necessary pretrial challenges. Don’t plead guilty to any charges following a search warrant based on […]

Murphy Named to 2021 Super Lawyers

For the fourth time since joining GRL Law in 2018, Colin Murphy was again named to the Great Plains Super Lawyers list in 2021, an honor reserved for those lawyers who exhibit excellence in practice. Only 5 percent of attorneys in the region receive this distinction.

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 […]

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 […]

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 […]

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 […]

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 […]

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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