Tag: search and seizure

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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CDL Saved After Urine Test Results Suppressed

In the process of saving a CDL from being disqualified, the impaired driving attorneys at GRL exposed a potential flaw in the implied consent advisory for commercial motor vehicles. The advisory provides that commercial driving privileges will be disqualified if the drivers tests over 0.04 for alcohol or refuses testing while operating a CMV. However, it says nothing about a DQ for a positive urine test. So, is a commercial driver’s decision to consent to urine testing reasoned and informed under the circumstances?  We think not. As a result, we were able to not only suppress the urine test, but […]

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Consent Searches to Verify Medical Cannabidiol Registration Status

The Iowa Department of Public Health began issuing digital medical cannabidiol registration cards for qualified patients and caregivers.  They come complete with a QR code that may be scanned by law enforcement to verify the person’s status.  The Department advises that “law enforcement representatives may request to temporarily handle your mobile device to verify your registration card.” The drug crime lawyers at GRL recommend that you consent to a request by a peace officer to briefly handle your phone to scan the QR code verifying your status as a person who can possess medical cannabidiol.  That will likely end the […]

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How Long Can an Officer Detain Me During a Traffic Stop?

Have you ever been cruising down the interstate, humming along to one of your favorites on the radio, and enjoying a beautiful day when you look in the rearview mirror and see flashes of blue and red?  You quickly look down at your speedometer.  11 m.p.h. over the speed limit. Your heart sinks.  You pull over to the side of the road. The officer approaches and tells you that you were speeding.  You swallow the lump in your throat as he asks for your license, registration, and insurance. You hand your documents to him and he briefly scans them over.  […]

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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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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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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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Murphy Earns Five Star Review for Illegal Search and Seizure WIN

“In a society where privacy is in a perpetual state of decay, Colin has gone above and beyond what most lawyers have dreamt of accomplishing. He has changed the state’s law in a way that benefits anyone that recognizes and appreciates the protections the 4th amendment gives us. His proven superior understanding and passion for defending the erosion of expectation of privacy sets him far ahead of all others. If you find yourself in a situation where your right to unreasonable search and seizure has been violated, look no further. You won’t find anyone better than Colin Murphy.”

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Charges Dismissed Following Trash Rip Suppression

Maybe the timing is coincidental, but GRL Law secured a dismissal of all charges in State v. Wright on the same day the Iowa Supreme Court reaffirmed the constitutional underpinning of trash rips in State v. Kuuttila. One might think that this line of cases would be the last word on the issue.  But if you read the dissent, then you’ll see that the minority clearly wants to overrule a precedent that is barely four months old.   In fact, they go as far as to encourage city councils and even the Iowa General Assembly to revive the now illegal police […]

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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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