Tag: Federal drug charge

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 […]

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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 […]

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Applying the Trespass Doctrine to K9 Sniffs in Marijuana Traffic Stops

In United States v. Jones, 565 U.S. 400 (2012), the Supreme Court announced that any physical intrusion onto a personal “effect,” such as a vehicle parked on a public street, was a search under the Fourth Amendment when done for the purposes of gathering information. Most attorneys and judges understand Jones to be the “GPS […]

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