Tag: drug trafficking

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 […]

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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 […]

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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 […]

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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 […]

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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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What is Aiding and Abetting a Drug Crime?

If a person approves and agrees to the commission of a drug crime, then he will be treated the same as the person who is accused of actually committing the crime.  This is referred to as “aiding and abetting.” How does a person aid and abet a drug crime? It’s simple.  Either he actively participates in a delivery or grow or knowingly advises or encourages it beforehand. Aiding and abetting may be inferred from circumstantial evidence including companionship and conduct surrounding the transaction.  This is because knowledge of a person’s state of mind is seldom capable of direct proof. For […]

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The Constructive Possession Defense for Marijuana

The drug defense attorneys at GRL Law have seen it all when it comes to traffic stops involving cannabis.  This is especially true when police charge a driver with possession for weed located under a passenger’s seat.    Is there a defense for the driver? Absolutely! Because this marijuana is not actually found on the driver, the State must establish he constructively possessed it by proving he: Exercised dominion and control over it; Knew of its presence; and Knew it was a controlled substance. A driver’s close physical proximity to contraband is insufficient to constitute dominion and control.  The same […]

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Knowledge of Drug Residue Can Be Inferred from Evidence

In State v. Hummell, No. 19-1691 (Nov. 30, 2020), the Iowa Court of Appeals reminds the criminal defense bar that a defendant’s knowledge of contraband can be inferred from evidence. The facts are pretty straightforward.  Police seized a broken glass vial with a white powdery substance from Hummell’s pocket following his arrest.  Hummell claimed that he regularly picked up random items from the ground and pocketed them.  The residue later tested positive for methamphetamine. In order to support a conviction for possession of a controlled substance, the State is required to prove two elements beyond a reasonable doubt: That the […]

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Problems with Traffic Stop Lead to Dismissal of Marijuana Charges

West Des Moines, Polk County, Iowa.  The drug defense attorneys at GRL Law successfully negotiated the dismissal of drug charges after challenging the traffic stop.  The arresting officer claimed in his report that “the light was red” when “[the car] traversed the intersection.”  His dash camera showed instead that our client’s car was nearly through the intersection when the signal changed from yellow to red.  There was no evidence the car entered the intersection on a yellow light.  The officer later searched the car and discovered nearly 50 grams of processed marijuana flower.  No tax stamps were affixed to the […]

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Felony Conviction Vacated Following Ineffective Assistance of Counsel WIN

Garner,  Hancock County, Iowa.  The drug defense attorneys at GRL Law successfully raised and litigated a claim of actual innocence resulting in the district court setting aside a felony conviction from 2017. Prior counsel advised our client to plead guilty to a felony charge of administering marijuana edibles to another in violation of Iowa Code section 708.5 despite the fact that she consistently maintained her innocence throughout the investigative, plea change and sentencing phases of the case. The firm raised numerous grounds on which the district court could have certainly found her trial counsel ineffective.  We were able to clearly […]

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