Tag: marijuana laws

Another Marijuana OWI Win!

The district court in northwest Iowa recently granted the State’s Motion to Dismiss following a ruling suppressing the results of a blood test obtained through implied consent. The drugged driving attorneys at GRL Law challenged the test results under Iowa Code section 321J.11, the state’s independent testing law. The state trooper originally requested a urine sample.  Our client agreed and also requested a blood sample. Under Iowa law, you can get an independent sample as long as you take the officer’s requested test. Rather than obtain both a urine and blood sample, however, the trooper simply changed his request to […]

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Drug Charges Dismissed Following Suppression Win

When it comes to warrantless searches, the drug crime attorneys at GRL Law really know their stuff. A recent example from North Iowa shows just how they leverage their knowledge to secure a dismissal by shining a bright light on illegal police conduct. Our client was the passenger in a vehicle that was parked one minute past the deadline in a city park.  Rather than simply wave on the driver, police decided to engage the occupants instead and request identification. When the driver rolled down the window, the officer smelled marijuana. Now, the driver owned up to a vape pen […]

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Persons Seeking Medical Assistance for Drug-Related Overdose

Iowa law provides a legal defense for individuals who seek, obtain, or otherwise summon the assistance of law enforcement and emergency medical personnel in instances of suspected drug overdose.  With the plague of fentanyl overdoses being experienced through the state and nation, this is an appropriate measure to ensure that victims can secure desperately needed medical assistance at the earliest opportunity without fear of arrest or prosecution. Iowa Code section 124.418 was enacted in 2018.  This law categorizes any information or evidence collected or derived as a result of an overdose patient’s good-faith actions in seeking medical assistance, as “protected […]

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Felony Drug Charges Dismissed After Deputy Whiffs on Odor

When law enforcements applies for a search warrant based on the odor of marijuana, they must describe to the magistrate how they know recognize the odor. Things like training, experience, etc., in drug interdiction are critically important to establish probable cause to issue the warrant. What happens when the application is silent on training and experience? The drug crime attorneys at GRL Law recently convinced a district court in northwest Iowa to dismiss felony drug charges following a search warrant raid. A deputy sheriff claimed to have detected the odor of burnt marijuana coming from inside a residence during an […]

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Drug Charges Thrown Out After GRL Challenges Search of Commercial Motor Vehicle

In what may be the first ruling of its kind in Buchanan County, a GRL client is a free man today after the district court there suppressed the search of his semi truck and dismissed all charges. At issue was the Level II inspection criteria that many counties with weight stations impermissibly use to justify searches for “alcohol and drugs.” GRL previously covered this topic here. CDL drivers are usually at the mercy of DOT officers and state troopers who believe all closed containers in the truck cabin are subject to search.  To be sure, commercial trucking is certainly a […]

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FMCSA Level II Inspections for Alcohol and Drugs

The drug crime attorneys at GRL have seen our fair share of searches involving commercial motor vehicles.  Whether its a random stop on the highway or the weight station, DOT officers will seize the opportunity to search closed containers in the truck cab under the authority for inspecting closely regulating industries. They will tell the driver the search is for receipts and permits and the like.  But you should know it is for alcohol and drugs instead. The DOT claims it has the authority to search your mini-fridge, Igloo coolers, personal belongings, etc., based on the reference to “alcohol and […]

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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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THC Vape Charges Dismissed After Search of Mail Suppressed

It goes without saying that postal service investigations rarely turn out well for those who receive marijuana products by mail.  Drug dogs and search warrants will conspire to reveal the contents of suspicious packages before they reach the mailbox.  At that point, the recipients face a Hobson’s choice: either snitch on friends or cop to a felony. What can you do when neither is an option? You guessed it. You get the drug crime lawyers at GRL Law involved. Here’s an example of how we can flip the script on these mailed drug cases that don’t involve the odor of […]

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Drug Charge Dismissed After GRL Challenges Marijuana Identification

GRL recently put its knowledge of drug identification procedures to the test in a case involving alleged THC vape liquid. Police seized a vape cart during a traffic stop.  Field testing of the liquid extract showed a positive color change indicating the possible presence of marijuana. Frequent readers of the GRL Law blog know that field testing can mistake CBD for marijuana.  We’ve discussed this phenomenon here. This is where things get interesting. Police didn’t send the cart to the state crime lab.  Instead, they sent it to a local department that employs an officer with training in marijuana identification.  […]

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