Tag: Search warrant

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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Should Hospitals Refuse to Comply with Blood Draw Warrants?

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 those specific situations.  We’re talking here about regular, vanilla OWI traffic stops.  The run of the mill variety that happen every day across the state. Police have the discretion to apply for general search warrants even for ordinary cases if they want a blood sample […]

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Expired Is Not New

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 testing kit was “new” as required by Iowa law in order for the blood test results to be admissible.  The judge found that the kit was not knew because it was expired and threw out the blood test results.  The charge was ultimately reduced to […]

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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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Evidence Suppressed Following Trash Rip Remand

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 any of the evidence seized during the trash rips in determining probable cause. The result? The only information that survived the Supreme Court’s ruling was uncorroborated hearsay.  That information itself was months old. There was no choice but to invalidate the warrant.  That means all […]

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Two Drug Felonies Binned After Warrantless Trash Rip Ruled Unconstitutional

“Bin it” is a phrase used when asking someone to put something in the trash. GRL Law recently asked the district court to bin two drug felonies arising from a warrantless trash rip.  If you are regular reader of this blog, then you know we convinced the Iowa Supreme Court earlier to find this police tactic unconstitutional in State v. Wright.  We leveraged our work in Wright to challenge felony charges in another county.  The facts were nearly identical.  Police illegally trespassed onto our client’s garbage containers set out for collection to scavenge trash.  A search of this trash led […]

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Drug Charges Resulting from a Trash Rip Search Warrant? Call GRL Law

If you are facing drug charges arising from a trash rip search warrant, then you should call the drug defense attorneys at GRL Law. GRL Law pioneered the novel legal challenge to the admissibility of evidence seized from these search warrants in State v. Wright.  Police can no longer trespass onto your personal property to gather information.  Iowans also have a constitutionally recognized expectation of privacy in garbage set out for curbside collection. Many attorneys are simply unaware of these recent developments and may overlook the necessary pretrial challenges. Don’t plead guilty to any charges following a search warrant based on […]

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