Tag: Iowa State Patrol

Felony OWI Amended to Public Intoxication

Follow the process.  That’s what the drunk driving defense lawyers at GRL Law do with every OWI. We meticulously sift through every bit of evidence in a case.  Every second of video.  Each word of an officer’s narrative.  All in search of a defense.   And when we find that gold nugget?  It can change everything. Take a recent felony OWI matter in southern Iowa.  The Iowa State Patrol claimed our client “refused” a urine test for marijuana metabolites. The stakes were definitely high.  Felony OWI convictions can result in lengthy prison or jail sentences and long license revocations. By applying […]

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GRL Secures Return of $7K in Cash Seized During Traffic Stop

The seized property attorneys at GRL pulled a rabbit out of the hat once again in winning the release of $7,000 seized during a traffic stop in Bremer County on Highway 63. The Iowa State Trooper admitted during a suppression hearing that he believed the seized cash was the illegal proceeds of drug activity.  In other words, the trooper believed that the cash was forfeitable. Under those circumstances, the State must initiate judicial proceedings within 90 days of the seizure, but that didn’t happen here.  Any failure to initiate forfeiture proceedings within that time frame deprives the district court of […]

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NFG for CDL Driver Charged with Following Too Closely

On February 3, 2022, the Worth County Magistrate found our client not guilty of the charge of Following Too Closely. An Iowa State Trooper testified that two semi-trucks passed him in the left lane.  The rear truck, which was operated by our client, was within five feet of the other. However, the trooper had not observed that the lead truck was actually right behind him and pulled into the left lane at 60 mph, cutting off our client.  The trooper was traveling 52 mph in the right lane. Our client was traveling 65 miles per hour pulling a fully loaded […]

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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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NFG! Court Dismisses Speeding Violation Checked by Airplane Against CDL Driver

GRL Law wins another dismissal for an out-of-state CDL holder. During a recent CMV speeding interdiction program on Interstate 35, an Iowa State Patrol pilot locked in our driver’s speed at 78 mph from the air.  The posted speed limit was 70 mph. On cross-examination, we established the 400 foot metal tape used by the patrol to measure quarter-mile markings on the interstate was not traceable to NIST.  As a result, there was measurement uncertainty not accounted for in the speed calculation. More importantly, however, we also proved that the citation was not properly notarized. The Iowa Constitution requires that […]

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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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Drug Charge Dismissed Following Successful Constructive Possession Defense

Webster City, Hamilton County, Iowa.  A traffic stop on I-35 led to the discovery of marijuana in a car trunk.  The trooper cited the driver for speeding, but charged the passenger with possession of marijuana. The drug defense attorneys at GRL Law have written before on the constructive possession defense.  This case presented yet another opportunity to raise it now on the passenger’s behalf. Because the trooper did not discover the marijuana in our client’s actual possession, the state needed to prove beyond a reasonable doubt that she constructively possessed it.  That requires evidence that the passenger not only knew […]

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