Readers of the blog are no doubt aware of GRL Law’s work on warrantless garbage searches. Earlier this summer, the Iowa Supreme Court ruled the police practice unconstitutional in State v. Wright, but remanded the case to the district court for a second look at the warrant. This time the district court could not consider […]
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 […]
Boone County, Iowa. Attorney Matt Lindholm recently appeared before a Boone County judge arguing that the use of a blood testing kit that was expired by five years and was used to collect his client’s blood for a drunk driving prosecution should not be admissible. At the heart of the issue was whether the blood […]
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 […]
Boone County, Iowa. A client for GRL attorney Matt Lindholm (aka The Wolf), recently had his operating while intoxicated charge dismissed. The client was charged with OWI after law enforcement officers obtained a search warrant and took a sample of his blood for chemical testing. A motion to suppress was filed challenging the admissibility of […]
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 […]
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 […]
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 […]
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 […]
There is a growing trend in Iowa when it comes to OWI investigations, particularly those involving drugs other than alcohol. Peace officers are bypassing the standard implied consent procedures and seeking search warrants for blood instead. It’s not just for situations involving deaths or potentially fatal injuries. Yes, there’s a law authorizing search warrants in […]
