Tag: Iowa Supreme Court

Felony Drug Charges Dismissed After New Garbage Rip Law Struck

Hey, Senator Dawson and Representative Holt!  It’s your boy, Murph.  Didn’t I tell you in March that this wouldn’t turn out well? I’m talking about your unconstitutional efforts to restore the illegal practice of warrantless garbage searches in Iowa.  You know, the police tactic that we struck down last year in State v. Wright? The first district court to consider your magnum opus found it unconstitutional. That’s right. The State even dismissed the charges the following day. Think about it.  It took less than 24 hours for the State to decide it wouldn’t defend your garbage on appeal. And who […]

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Iowa Supreme Court Reinstates Drug Possession Conviction

On December 3, 2021 the Iowa Supreme Court reinstated a drug possession conviction in State v. Jones. The ruling provides a good reminder to the drug defense bar regarding the differences between actual and constructive possession. The drugs in this case were located in a small drawstring bag on the ground near Jones’ front bumper.  The Iowa Court of Appeals determined this was a constructive possession case because the bag was not found on Jones. That is an incomplete statement of the law. A person can be in actual possession when substantial evidence supports a finding the contraband was on […]

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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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Charges Dismissed Following Trash Rip Suppression

Maybe the timing is coincidental, but GRL Law secured a dismissal of all charges in State v. Wright on the same day the Iowa Supreme Court reaffirmed the constitutional underpinning of trash rips in State v. Kuuttila. One might think that this line of cases would be the last word on the issue.  But if you read the dissent, then you’ll see that the minority clearly wants to overrule a precedent that is barely four months old.   In fact, they go as far as to encourage city councils and even the Iowa General Assembly to revive the now illegal police […]

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Evidence Suppressed Following Trash Rip Remand

Readers of the blog are no doubt aware of GRL Law’s work on warrantless garbage searches.  Earlier this summer, the Iowa Supreme Court ruled the police practice unconstitutional in State v. Wright, but remanded the case to the district court for a second look at the warrant. This time the district court could not consider any of the evidence seized during the trash rips in determining probable cause. The result? The only information that survived the Supreme Court’s ruling was uncorroborated hearsay.  That information itself was months old. There was no choice but to invalidate the warrant.  That means all […]

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Iowa Supreme Court Severely Limits Rights of People Under Arrest for OWI

The Iowa Supreme Court took an unfortunate significant step backwards as it relates to the rights of individuals arrested, but not yet formally charged with Operating While Intoxicated, in Iowa.  In State v. Sewell, a case argued by GRL Law, Justice Mansfield, delivered the opinion of the court which held a person arrested for Operating While Intoxicated, who has been asked to submit to a breath test, but has not yet been formally charged with the offense, does NOT have the right to a privileged phone call with an attorney. Justice Appel issued a stern dissent, arguing that the request […]

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Gone in ten (10) seconds- The “commonsense suspicion” exception

In 2000 the world was wowed by the ability of Nicholas Cage and his crew of bandits to swiftly and efficiently snatch high-end cars from their rightful owners in the movie Gone in 60 Seconds.  The Iowa Supreme Court has now wowed the citizens of Iowa by swiftly and efficiently allowing officers to snatch the privacy rights of citizens in only ten (10) second with their decision in State v. Steven Edward Struve (19-1614). In this case, the Iowa Supreme Court was asked to determine whether it was constitutional for a law enforcement officer to stop a driver’s vehicle after […]

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Iowa Supreme Court

GRL Law’s 15 Years of Appellate Advocacy

At GRL Law, we are preparing to argue yet another case before the Iowa Supreme Court next month in State v. Sewell.  The case involves law enforcement’s attempts to record phone conversations between arrested persons and their attorneys while at the jail.  As we prepare to argue Sewell, we also  eagerly await two pending decisions in State v. Kilby and State v. Wright.  Both of these cases involve significant issues related to the privacy and constitutional rights of Iowans. Looking back over the years, this year marks the 15th year of GRL Law’s zealous appellate advocacy.  In total, GRL Law […]

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Iowa Supreme Court to Decide Whether Refusal of a Breath Test May Be Used Against a Person as Evidence of Guilt at Trial in an Operating While Intoxicated Case

Recently, GRL Law attorney Grant Gangestad argued the case of State v. Kilby before the Iowa Supreme Court.  The case dealt with an Operating While Intoxicated (OWI) charge.  The client’s charge stemmed from a fender bender in a parking lot.  Officers were called to the scene and began an investigation into possible intoxication of the driver.  The officers conducted Standardized Field Sobriety Tests and requested a preliminary breath test, which the client refused.  She was arrested and transported to the station.  At the station, officers read her an advisory which requested a breath test; if validly consented to, this breath […]

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Reckless Driving Causing Death is not a Lesser Offense of OWI Vehicular Homicide

A unanimous Iowa Supreme Court ruled on October 23, 2020 that homicide by reckless driving is not a lesser included offense of homicide by OWI. In State v. Johnson, the defendant argued he was entitled to a jury instruction that his reckless driving, not operating while intoxicated, was the cause of a crash that took the life of passenger in the other vehicle. To determine whether a crime is a lesser included offense, the Court uses the “impossibility” test.  Is it impossible to commit one crime without committing the other?  Does the first (greater) crime include every essential element of […]

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