Tag: Interstate 35

Due Process Rights in Property Seized for Forfeiture

If you have cash seized for forfeiture by the Iowa State Patrol or another law enforcement agency during a traffic stop, then due process entitles you to certain rights. Normally, the trooper will provide you with a Notice of Seizure for Forfeiture.  This will list the date, time and location along with a description of the seized property. You are probably thinking that the Notice tells the owner what to do to reclaim the money, right? Not exactly. The forfeiture attorneys at GRL Law have yet to see a notice that provides any description of an owner’s rights. Iowa law […]

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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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CDL False Report of Duty Status Dismissed at Trial

The CDL defense attorneys at GRL Law score another win for a client after charges were dismissed. Our driver was charged with false report of record of duty status.  The firm noted three possible defenses.  One in particular concerns how the complaint was verified.  I thought it would be a winner under these facts.   However, I didn’t even get a chance to raise it at trial.   The trooper was en route, but 30 minutes late, when the prosecutor moved to dismiss at the State’s cost. That never happens!  I met the trooper on the sidewalk outside the courthouse minutes later.  […]

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Property Seized for Forfeiture? Take Action Immediately

Police and prosecutors use forfeiture laws to take ownership of property that is allegedly related to criminal activity.    The police needn’t even arrest the owner to take advantage of Iowa’s civil forfeiture laws.  More often than not, criminal charges are never filed by police.  They simply seize property (mainly cash) during any traffic stop, make a colorable claim of criminal conduct and see if the owner challenges the legal process. When the owner instead abandons the property, the police and prosecutors keep the proceeds.  It can amount to millions each year. A great way to address budget shortfalls, right?  […]

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Class D Felony Marijuana Charge Dismissed WIN

New Hampton, Chickasaw County, Iowa.  A traffic stop for speeding by an out-of-state driver on Interstate 35 led to a warrantless probable cause search of the vehicle based on the odor of marijuana.  Deputies located significant quantities of marijuana flower in a glass jar in the passenger compartment and charged our client with both felony and misdemeanor possession under Iowa Code section 124.401.  The class D felony charge was punishable by an indeterminate term of prison of up to 5 years and a fine of $7,500. Both the stop and the search were legal under Iowa law.  However, as a […]

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