Tag: Fourth Amendment

Crossing Fog Line Is NOT Reason to Believe Driver is Drunk

Atlantic, Cass County, Iowa. The Iowa Supreme Court confirmed what the Iowa Supreme Court said back in 2004, a single, isolated incident of a driver crossing over the fog line (solid white line on edge of road) does not create a sufficient reasonable suspicion that the driver is intoxicated. The facts in the case were captured by way of the Cass County Deputy’s squad car camera and showed that the defendant’s vehicle crossed over the fog line just once as it met the Deputy’s vehicle on a curve.  The Deputy turned around and followed the vehicle and did not observe […]

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Do Marijuana Seeds Still Provide PC to Search?

There was a time when the observation of marijuana seeds on the floorboard of a vehicle provided probable cause to search. Why? Because the definition of “marijuana” under Iowa law includes cannabis seeds. However, with the passage of the Iowa Hemp Act, Iowa Code chapter 204, that may no longer be the case. “Hemp” in Iowa is any part of the cannabis plant with a delta-9 THC concentration of up to 0.3 percent on a dry weight basis.  The definition of hemp also includes seeds.  Hemp is legal to possess in the state of Iowa. Both marijuana and hemp seeds […]

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Knowledgeable and Empathetic Attorney that Fights for You

Mr. Rehkemper accepted my case when many other attorneys I consulted with expressed discouragement. He was direct and honest from the start and kept me well informed throughout the lawsuit proceedings. Mr. Rehkemper is empathetic and it shows in how he handles your case and treats his clients. Don’t mistake his kindness as weakness though…Mr. Rehkemper can be scrappy! He has all the characteristics you’d want in an attorney fully prepared to represent their client. I will always be thankful for how he assisted me during a rough time. He was successful for me and I would recommend him to […]

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Gun, Drug, and OWI Charges Dismissed

Union County, Iowa.   A GRL client recently had charges for possession of a dangerous weapon, possession of marijuana, and operating while intoxicated charges dismissed.  The dismissal was entered by the prosecuting attorney after attorney Matt Lindholm filed a motion to suppress alleging that evidence in the case was obtained illegally as a result of a pat down search in violation of the client’s rights under the Fourth Amendment of the United States Constitution.

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Drug Felonies Dismissed Following Unconstitutional Garbage RIp

Earlier this year GRL convinced the Iowa Supreme Court to outlaw the police tactic of warrantless garbage searches in State v. Wright. We haven’t rested on our laurels since the ruling.  Instead, we got to work in several counties where these trash rips resulted in felony charges. A recent case in southeastern Iowa was no exception.  The facts were essentially identical to Wright.  Police illegally trespassed onto our client’s garbage containers set out for collection to scavenge trash.  A search of this trash led to a search warrant to search our client’s home resulting in two drug felony charges. However, […]

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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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Dog Bite Charge Dismissed After GRL Law Raises Warrantless Entry

Today, the magistrate court dismissed charges against a GRL Law client whose dog bit a DMPD officer. The evidence showed the officer attempted to coax our client into the common area of her downtown loft to “discuss” a complaint.  However, when she declined, the officer crossed the threshold of the door to arrest her. That’s when the owner’s small dog intervened and caused $80.00 in damage to the officer’s tactical pants. We believed there was a defense to the merits because the ordinance requires proof that the owner “allowed” the dog to cause damage property.  Hard to “allow” damage when […]

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Lights Out!

Iowa City, Johnson County, Iowa.  Some things you must see to believe.  The prosecution and law enforcement attempted to convince a judge to not believe what everyone could clearly see.  Thankfully, the judge believed what he too could see. Two Iowa City Police Department police officers, Maddie Friedrich and her Field Training Officer, Brad Reinhard, attempted to claim that GRL Law’s client was driving through downtown Iowa City, at night, without the vehicle headlights illuminated.  According to Officer Friedrich’s report and sworn affidavit, “the defendant was seen driving without his headlights when required.”  The officers’ squad car video contradicted this […]

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Can the Government Compel You to Crack Your Code

There is no question that the law is ever changing and many of those changes are in response to changing technologies.  One such area of the law where courts struggle with changing technologies concerns the application of the rights and protections afforded by the United States Constitution.  At the time the Constitution was adopted, the Framers were certainly not discussing whether a bump stock could be regulated without violating the Second Amendment, whether the Fourth Amendment protected a person’s DNA, and certainly not whether the Fifth Amendment protects a person’s biometric data.  Nevertheless, the constitution has withstood the test of […]

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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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