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 […]
GRL Law successfully argued for the dismissal of drug charges following a traffic stop in western Iowa. The State charged our client initially with marijuana possession. Multiple other felony charges were likely once the DCI Lab tested other substances seized by police. There was one problem. Probable cause to search requires an objective alert by […]
The drug defense attorneys at GRL Law are often asked about the possibility of asserting an entrapment defense in drug cases. It’s usually in the context of a controlled buy from an informant who is trying to work off a collar. The regular entrapment defense requires evidence of excessive incitement, urging, persuasion or temptation. Merely providing […]
Did you know the postal inspector examines hundreds of suspicious packages each week at the Des Moines mail processing center for narcotics and drug proceeds? What factors make some packages stand out from others? Here are the top 5: Fictitious name, address or telephone number. People who ship narcotics often provide fake information to avoid […]
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 […]
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 […]
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 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 […]
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 […]
Prior out-of-state convictions for marijuana can be very problematic if you are arrested for a possession offense in Iowa. Iowa Code section 124.411 provides “an offense is considered a second or subsequent offense, if, prior to the person’s having been convicted of the offense, the offender has ever been convicted under this chapter or under […]
