Tag: k9

Murphy Presents at NORML ISU Chapter Meeting

On October 13, 2021 GRL Law’s own Colin Murphy spoke before a packed room of cannabis activists at the ISU Memorial Union. The presentation for NORML ISU focused on the current status of marijuana and cannabis extracts.  Colin discussed what not to do during traffic stops.  He also reviewed important driver rights to assert during detention and arrest. GRL’s firm culture emphasizes public outreach especially when it comes to emerging legal issues like cannabis.  Our attorneys regularly take part in educating the general public, criminal defense bar and bench. Presentations like this are what sets GRL Law apart as the […]

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Drug Charges Dismissed After GRL Law Questions K9 “Alert”

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 a reliable and well-trained K9. Although law enforcement deployed a drug K9 on the vehicle, the dog never alerted to the presence of contraband.  It merely showed interest without ever sitting. After reviewing the case, the county attorney decided to dismiss the pending possession charge […]

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Court of Appeals Reminds Drug Defense Bar to Preserve Error

On June 16, 2021 the Iowa Court of Appeals issued a reminder to the drug defense bar in State v. Britcher.  Police deployed a drug K9 around Britcher’s vehicle following a traffic stop for license plate lamp and registration plate violations.  A probable cause search ensued that revealed methamphetamine. Britcher argued on appeal that police impermissibly expanded both the duration and scope of the traffic stop.  He also challenged the use of the K9 inside his car.  Three issues in total. The Court of Appeals upheld the admissibility of evidence because police did not expand the duration of the traffic […]

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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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Postal Service “Profile” for Mailed Drug Packages

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 detection if the package is traced.  It might be a fictitious name for the return label.  Perhaps the return address isn’t associated with the sender’s name or simply doesn’t exist.  The packing slip may provide a disconnected phone number or none at all.  While the […]

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The Constructive Possession Defense for Marijuana

The drug defense attorneys at GRL Law have seen it all when it comes to traffic stops involving cannabis.  This is especially true when police charge a driver with possession for weed located under a passenger’s seat.    Is there a defense for the driver? Absolutely! Because this marijuana is not actually found on the driver, the State must establish he constructively possessed it by proving he: Exercised dominion and control over it; Knew of its presence; and Knew it was a controlled substance. A driver’s close physical proximity to contraband is insufficient to constitute dominion and control.  The same […]

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Suppression of Urine Test Result Leads to OWI Dismissal WIN

Northwood, Worth County, Iowa.  The district court in Worth County granted the State’s motion to dismiss the charge of OWI, but not before suppressing the results of a urine test. A thorough review of traffic stop and implied consent videos revealed several issues that were briefed by the drugged driving attorneys at GRL Law, including whether: The deputy lacked reasonable suspicion to detain the driver; The deputy unreasonably prolonged the traffic stop to await a drug dog; The drug dog trespassed onto the vehicle turning the “free air sniff” into an unreasonable search; The handler cued the drug dog to […]

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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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