Tag: Possession With Intent to Deliver

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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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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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 […]

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Warning! Warrantless Searches of Curbside Garbage Resume July 1, 2022

Readers of the GRL Law blog are no doubt familiar with the firm’s efforts to protect the privacy rights of Iowans in State v. Wright.  That’s the 2021 ruling from the Iowa Supreme Court that banned police from trespassing on your curbside garbage and searching it without a warrant. Predictably, the law enforcement community threw a tantrum after the ruling.  And they ran kicking and screaming to some legislators at the statehouse who obviously can’t appreciate the difference between the Iowa Bill of Rights and the Communist Manifesto. The result? Effective tomorrow, July 1, 2022, anyone can scavenge your garbage.  […]

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Do Marijuana Seeds Still Provide PC to Search?

There was a time when the observation of marijuana seeds on the floorboard of a vehicle provided probable cause to search. Why? Because the definition of “marijuana” under Iowa law includes cannabis seeds. However, with the passage of the Iowa Hemp Act, Iowa Code chapter 204, that may no longer be the case. “Hemp” in Iowa is any part of the cannabis plant with a delta-9 THC concentration of up to 0.3 percent on a dry weight basis.  The definition of hemp also includes seeds.  Hemp is legal to possess in the state of Iowa. Both marijuana and hemp seeds […]

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Drug Felonies Dismissed Following Unconstitutional Garbage RIp

Earlier this year GRL convinced the Iowa Supreme Court to outlaw the police tactic of warrantless garbage searches in State v. Wright. We haven’t rested on our laurels since the ruling.  Instead, we got to work in several counties where these trash rips resulted in felony charges. A recent case in southeastern Iowa was no exception.  The facts were essentially identical to Wright.  Police illegally trespassed onto our client’s garbage containers set out for collection to scavenge trash.  A search of this trash led to a search warrant to search our client’s home resulting in two drug felony charges. However, […]

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Firearm Prohibition is a Collateral Consequence of Using Marijuana

One of the collateral consequences to a drug conviction is the prohibition against possessing a firearm or ammunition. Even if the charge does not involve a firearm. Did you know that Iowa law tracks federal law when it comes to marijuana and firearms? A drug conviction within the past 365 days will trigger the prohibition.  So will a self-admission of use or possession in an officer’s narrative report.  Or multiple arrests within 5 years establishing a pattern of use.  This can include drug related DUIs or paraphernalia charges with positive residue tests. Same for use of marijuana under a state-approved […]

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Marijuana with Fentanyl Awareness

If you consume cannabis flower, then you should be aware of common opioid overdose symptoms. Opioid overdose?  But marijuana does not contain opioids?! True. There have been dozens of reports, however, from Connecticut since July 2021 involving patients who exhibited opioid overdose symptoms and required naloxone, a medication that rapidly reverses an overdose, for revival. The patients all denied any opioid use and admitted to only smoking marijuana. A recent lab test confirmed marijuana seized in that state tested positive for fentanyl.  It may be the first reported lab confirmation in the United States. Fentanyl is a powerful synthetic opioid […]

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