Tag: marijuana

Are Iowa’s Current Gun Laws Constitutional?

Iowa law set out in Iowa Code section 724.8B makes it a separate and distinct criminal offense to possess a firearm while committing an “indictable offense.”  An “indictable offense” in Iowa includes all offenses that are categorized as serious misdemeanors, aggravated misdemeanors or felonies.  They include offenses such as theft, driving while suspended, possession of marijuana, operating while intoxicated and other misdemeanors which are completely unconnected to violence or use of a firearm. Charges under section 724.8B are being filed by law enforcement regardless of whether the individual has a valid permit to carry a concealed weapon or is carrying […]

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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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Marijuana OWI Dismissed

GRL recently secured another NFG when the Bremer County Attorney dismissed a marijuana OWI on the eve of trial. While there were a number of problems with the state’s case, the one that tipped the scales the most was the officer’s plain view observation of “marijuana bud” in the passenger compartment.  That turned out to be a piece of Lactuca sativa otherwise know as . . . Wait for it. Lettuce. That’s right.  He seized that other green leafy substance popular with salads and wraps.  And framed the rest of his investigation from the standpoint of marijuana impairment. At least he […]

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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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Open Door Policy

Boone County, Iowa.  Attorney Matt Lindholm recently represented a client facing multiple drug charges following an investigation for a motorist who ran off the road and through the field.  Officers responded the clients house to investigate the failure to maintain control.  When the client answered the door he asked to be able to put some shoes on and went back in the house to do so.  The investigating officer decided to follow the client into the house without his permission and observed narcotics forming the basis of the charge.  This entry was illegal and after attorney Lindholm filed a motion […]

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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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