Tag: Fourth Amendment

$154,900 Settlement for Wrongful Arrest

Ankeny, Polk County, Iowa.  GRL’s Government Accountability Division obtained a settlement of $154,900 for an Ankeny man who was wrongfully arrested by Ankeny Police Department earlier this year.  While the financial compensation was substantial for GRL’s client, it was not the most incredible part of this case. Apologies, especially sincere apologies, simply do not happen when a citizen accuses a government entity of misconduct or violating their constitutional rights.  Deflection, denial, victim-blame, and excuse-making tend to be the government’s go-to approaches to these types of cases. They never, ever admit that they were wrong.  However, in this case, in a […]

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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 Deputy Whiffs on Odor

When law enforcements applies for a search warrant based on the odor of marijuana, they must describe to the magistrate how they know recognize the odor. Things like training, experience, etc., in drug interdiction are critically important to establish probable cause to issue the warrant. What happens when the application is silent on training and experience? The drug crime attorneys at GRL Law recently convinced a district court in northwest Iowa to dismiss felony drug charges following a search warrant raid. A deputy sheriff claimed to have detected the odor of burnt marijuana coming from inside a residence during an […]

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CDL Saved After Urine Test Results Suppressed

In the process of saving a CDL from being disqualified, the impaired driving attorneys at GRL exposed a potential flaw in the implied consent advisory for commercial motor vehicles. The advisory provides that commercial driving privileges will be disqualified if the drivers tests over 0.04 for alcohol or refuses testing while operating a CMV. However, it says nothing about a DQ for a positive urine test. So, is a commercial driver’s decision to consent to urine testing reasoned and informed under the circumstances?  We think not. As a result, we were able to not only suppress the urine test, but […]

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Prosecutor Rebuffs Reasonable Resolution, Loses Entire Case. Operating While Intoxicated Charge and License Suspension Beat

Corning, Adams County, Iowa.  Prior to a hearing on defendant’s motion to suppress evidence, defendant offered to plead to an amended charge of Reckless Driving with the requirement of completing the operating while intoxicated weekend class.  The prosecution would have none of it choosing instead to go forward with the hearing.  At the hearing, the Sheriff’s Deputy was caught changing his sworn testimony multiple times.  Ultimately, the court concluded that the Deputy did not have a lawful reason to pull the defendant over and excluded all evidence obtained as a result of the stop.  Prosecutor is left with no evidence […]

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Drug Charges Thrown Out After GRL Challenges Search of Commercial Motor Vehicle

In what may be the first ruling of its kind in Buchanan County, a GRL client is a free man today after the district court there suppressed the search of his semi truck and dismissed all charges. At issue was the Level II inspection criteria that many counties with weight stations impermissibly use to justify searches for “alcohol and drugs.” GRL previously covered this topic here. CDL drivers are usually at the mercy of DOT officers and state troopers who believe all closed containers in the truck cabin are subject to search.  To be sure, commercial trucking is certainly a […]

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FMCSA Level II Inspections for Alcohol and Drugs

The drug crime attorneys at GRL have seen our fair share of searches involving commercial motor vehicles.  Whether its a random stop on the highway or the weight station, DOT officers will seize the opportunity to search closed containers in the truck cab under the authority for inspecting closely regulating industries. They will tell the driver the search is for receipts and permits and the like.  But you should know it is for alcohol and drugs instead. The DOT claims it has the authority to search your mini-fridge, Igloo coolers, personal belongings, etc., based on the reference to “alcohol and […]

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Consent Searches to Verify Medical Cannabidiol Registration Status

The Iowa Department of Public Health began issuing digital medical cannabidiol registration cards for qualified patients and caregivers.  They come complete with a QR code that may be scanned by law enforcement to verify the person’s status.  The Department advises that “law enforcement representatives may request to temporarily handle your mobile device to verify your registration card.” The drug crime lawyers at GRL recommend that you consent to a request by a peace officer to briefly handle your phone to scan the QR code verifying your status as a person who can possess medical cannabidiol.  That will likely end the […]

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Routine Random Stop of Commercial Vehicle Deemed Unconstitutional

Des Moines, Polk County, Iowa.  GRL Law has long argued that Department of Transportation Commercial Motor Vehicle Enforcement Officers cannot legally stop commercial drivers without reasonable suspicion of a law violation.  It has long been the practice of Iowa law enforcement officers to randomly stop commercial vehicles to weigh them or check compliance with regulations.  Back in 2016 in a blog titled A case for Truck Drivers and the Fourth Amendment, we set out our contention that the Fourth Amendment to the United States Constitution requires either law enforcement to have a stationary checkpoint or a reasonable suspicion of a […]

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