Tag: interstate drug trafficking

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 monitoring” case because the F.B.I. joint task force affixed a tracking device to a vehicle driven by a suspected drug trafficker.  The attorneys at GRL Law know, however, that the reach of Jones and its progeny extend far beyond its facts.  We believe it has […]

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Prior Out-of-State Convictions for Marijuana Possession

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 any state or federal statute relating to . . . marijuana . . . .”  Prosecutors typically rely on this provision in charging a second offense when you are charged with felony possession with intent to deliver or manufacture in Iowa and have any prior […]

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Challenging the Certified Weight of Marijuana in Drug Stamp Tax Cases

Most Iowans are unaware they can be charged with a felony for simply possessing 42.5 grams or more of processed marijuana flower without first affixing tax stamps issued by the Iowa Department of Revenue to the Ziploc baggie. Quantities up to 42.5 grams (just shy of one and one-half ounces), especially in a single package, are certainly indicative of personal use.  Anything over that amount, however, and you are labeled a “dealer” for tax stamp purposes.  At $5.00 per gram, these stamps can add up to 50% to the street cost of medium quality cannabis.  That’s a small price to […]

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