Tag: methamphetamine

Court Grants GRL Motion to Dismiss Drug Charge

On November 28, 2022, the district court in Pocahontas County granted our application to dismiss a possession charge based on a violation of the one-year speedy trial provisions in Iowa Rule of Criminal Procedure 2.33. We were able to demonstrate that the state did not bring our client to trial within one year of his plea of not guilty and good cause did not exist to continue the prosecution under the circumstances. GRL took over the defense of this case from another firm and stood ready to defend the charge based on a constructive possession defense.  We believed there was […]

Read More

Objections to Inadmissible Evidence in Drug Crime Trials Must be Specific

On September 21, 2022 the Iowa Court of Appeals affirmed felony convictions for possession with intent to deliver methamphetamine and drug tax stamps in State v. Hansel. The ruling provides a great reminder to drug crime attorneys on the proper way to object to evidence, especially “prior bad acts” testimony. In this case, the arresting officer volunteered the defendant had numerous outstanding warrants including one for assault.  Defense counsel simply interjected, “Your Honor,” without making a specific objection.  It was enough to prevent any further prior bad acts from entering the record, but the toothpaste was obviously now out of […]

Read More

Sentencing Enhancement for Felony Possession Within “Drug Free Zones”

Felony drug offenses committed within “drug free zones” risk more time in prison. A “drug free zone” can be in, on or within 1000 feet of certain property.  This property includes schools, parks, swimming pools and rec centers as well as the contiguous land surrounding any buildings. Offenses committed on a marked school bus also count. Felonies include manufacturing, distributing or possessing with the intent to distribute a controlled substance listed in schedule I, II or III (simulated and imitation drugs included). The five-year enhancement applies only to adults (18 or older) who commit the offense involving another adult.  The […]

Read More

The “Take-Back” Entrapment Defense

The drug defense attorneys at GRL Law are often asked about the possibility of asserting an entrapment defense in drug cases.  It’s usually in the context of a controlled buy from an informant who is trying to work off a collar. The regular entrapment defense requires evidence of excessive incitement, urging, persuasion or temptation.  Merely providing the opportunity to commit a crime is not enough. That’s why the regular entrapment defense is difficult to raise for most vanilla drug transactions.  Typically nothing excessive! But then there’s the “take-back” entrapment defense.  That is available when an informant supplies drugs to the accused […]

Read More

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 […]

Read More

Challenging Vehicle Inventory Searches

The drug defense attorneys at GRL Law are known for aggressively challenging searches by police, particularly those arising from vehicle inventories.  Those searches occur after police impound a car following a traffic stop.  Before towing, police will inventory the contents to protect primarily against claims of lost or stolen property.  Police often locate drugs and paraphernalia during the course of the inventory and bring additional charges against the occupants. It should come as no surprise that police often abuse their authority to initiate inventory searches as a means to poke around the car without a warrant when they have no […]

Read More

Consequences of Marijuana Possession in a Commercial Motor Vehicle

The drug defense attorneys at GRL have blogged before on the pitfalls of being stopped by police with marijuana in your personal vehicle.  Fortunately, Iowa no longer suspends your driving privileges for drug convictions. Does this mean you can keep personal use quantities in the sleeper area of a semi truck? In a word, no.  Not unless, of course, you are looking to have your CDL privileges disqualified for six months. That’s right. You will lose your privilege to drive a commercial motor vehicle if convicted of most simple possession offenses.   Marijuana, amphetamines or any narcotic drug will do the […]

Read More

Can Police Frisk Me for Drugs?

The drug defense attorneys at GRL Law have seen their fair share of possession cases arising from police frisks. It usually goes down like this.  Following a traffic stop for a minor traffic violation, the officer orders the driver to come back to the patrol car to process a citation. Pro tip: You are seized by the officer and legally obligated to follow this instruction.  Don’t resist, or worse, assert your rights as a sovereign citizen.  You will be definitely arrested for interference and subjected to a full search of your person, clothing and accessories like a wallet, purse or […]

Read More