Tag: drugs

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 […]

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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 […]

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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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Snitch Beats Rap After Task Force FUBAR

On February 17, 2021 the Iowa Court of Appeals in State v. Tucker dismissed felony drug charges against an informant who upheld her end of a task force proffer. Although both the factual and procedural histories are long and winding, the issue on appeal was fairly straightforward.  Should the court enforce a plea agreement against the State when the informant does what the prosecutor specifically asked as part of the plea agreement? Here, the informant faced 40 years in prison for methamphetamine and heroin possession.  She made a proffer to the task force and agreed to testify against another party […]

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Consequences of Marijuana Possession in a Commercial Motor Vehicle

The drug defense attorneys at GRL have blogged before on the pitfalls of being stopped by police with marijuana in your personal vehicle.  Fortunately, Iowa no longer suspends your driving privileges for drug convictions. Does this mean you can keep personal use quantities in the sleeper area of a semi truck? In a word, no.  Not unless, of course, you are looking to have your CDL privileges disqualified for six months. That’s right. You will lose your privilege to drive a commercial motor vehicle if convicted of most simple possession offenses.   Marijuana, amphetamines or any narcotic drug will do the […]

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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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Problems with the Identification of CBD by Thin Layer Chromatography

Thin layer chromatography (TLC) is a well-known qualitative laboratory technique to separate, detect and identify plant material extracts that have been processed so they longer possess botanical characteristics that can be observed through macro and microscopic analysis.  This includes cannabis products like gummies, truffles, bars and other edibles, but also substances like tar, ground plant material and oils. In the FAQ section of the Iowa Division of Criminal Investigation Criminalistic Laboratory – Drug Identification website (https://dps.iowa.gov/divisions/criminal-investigation/criminalistics-laboratory/drug-identification), testing for controlled substances includes: The net weight (weight of substance without packaging) of the substance is recorded prior to any sampling and then […]

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Class B Felony Drug Charge Amended and Time Served WIN

The Story County District Court recently sentenced our client to credit for time served and minimum fines for simple possession of a controlled substance. Originally, the state charged him with four felonies: possession with intent to deliver LSD, marijuana and tax stamp violations. The Class B felony alone was punishable by a mandatory term of imprisonment up to 25 years and a fine of up to $100,000. We were able to limit the admissibility of certain evidence and arguments that are typically used by the state in these types of cases on the issue of intent in constructive possession cases.  […]

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