Tag: drug possession

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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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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Murphy Earns Five Star Review for Illegal Search and Seizure WIN

“In a society where privacy is in a perpetual state of decay, Colin has gone above and beyond what most lawyers have dreamt of accomplishing. He has changed the state’s law in a way that benefits anyone that recognizes and appreciates the protections the 4th amendment gives us. His proven superior understanding and passion for defending the erosion of expectation of privacy sets him far ahead of all others. If you find yourself in a situation where your right to unreasonable search and seizure has been violated, look no further. You won’t find anyone better than Colin Murphy.”

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Murphy Presents at NORML ISU Chapter Meeting

On October 13, 2021 GRL Law’s own Colin Murphy spoke before a packed room of cannabis activists at the ISU Memorial Union. The presentation for NORML ISU focused on the current status of marijuana and cannabis extracts.  Colin discussed what not to do during traffic stops.  He also reviewed important driver rights to assert during detention and arrest. GRL’s firm culture emphasizes public outreach especially when it comes to emerging legal issues like cannabis.  Our attorneys regularly take part in educating the general public, criminal defense bar and bench. Presentations like this are what sets GRL Law apart as the […]

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Murphy Presents on Cannabis Extracts at IAJ Criminal Law Seminar

On September 16, 2021 Colin Murphy presented at the annual Iowa Association for Justice Criminal Law Seminar in Iowa City. The presentation focused on the current legal status of cannabis extracts.  In particular, Colin demonstrated how defense attorneys can defend against marijuana charges involving extracts such as CBD, medical cannabidiol and delta-8 THC.     The firm takes great pride in helping to educate both the bench and bar on emerging legal issues. GRL Law.  We know hemp.

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Drug Charges Dismissed After GRL Law Questions K9 “Alert”

GRL Law successfully argued for the dismissal of drug charges following a traffic stop in western Iowa. The State charged our client initially with marijuana possession.  Multiple other felony charges were likely once the DCI Lab tested other substances seized by police. There was one problem.  Probable cause to search requires an objective alert by a reliable and well-trained K9. Although law enforcement deployed a drug K9 on the vehicle, the dog never alerted to the presence of contraband.  It merely showed interest without ever sitting. After reviewing the case, the county attorney decided to dismiss the pending possession charge […]

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Two Drug Felonies Binned After Warrantless Trash Rip Ruled Unconstitutional

“Bin it” is a phrase used when asking someone to put something in the trash. GRL Law recently asked the district court to bin two drug felonies arising from a warrantless trash rip.  If you are regular reader of this blog, then you know we convinced the Iowa Supreme Court earlier to find this police tactic unconstitutional in State v. Wright.  We leveraged our work in Wright to challenge felony charges in another county.  The facts were nearly identical.  Police illegally trespassed onto our client’s garbage containers set out for collection to scavenge trash.  A search of this trash led […]

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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 […]

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