Tag: Traffic Stop

Due Process Rights in Property Seized for Forfeiture

If you have cash seized for forfeiture by the Iowa State Patrol or another law enforcement agency during a traffic stop, then due process entitles you to certain rights. Normally, the trooper will provide you with a Notice of Seizure for Forfeiture.  This will list the date, time and location along with a description of the seized property. You are probably thinking that the Notice tells the owner what to do to reclaim the money, right? Not exactly. The forfeiture attorneys at GRL Law have yet to see a notice that provides any description of an owner’s rights. Iowa law […]

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Plain View Observation is Not Probable Cause to Search

Do police have the right to search your car without a warrant if they see THC edibles in your center console during a traffic stop? The answer may surprise you. Suspected contraband in plain view does not necessarily provide probable cause to search the passenger compartment.  Sure, the observation alone might provide PC under the right circumstances, but it’s still the State’s burden to prove it. The drug defense attorneys at GRL Law believe PC requires more that just a plain view observation. Like furtive movements or efforts to conceal.  Or uncooperative behavior or false identification by the driver or […]

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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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Violation of Right to Contact Family Member Results in OWI Charge Being Dismissed

Humboldt County, Iowa- A GRL Law client was charged with OWI 1st offense. GRL attorney Grant Gangestad filed a motion to suppress evidence in the OWI prosecution based upon the officer’s violation of the client’s statutory right to contact a family member.  After reviewing the video, the prosecutor agreed to stipulate to suppression of the breath test result and amend the charge to a public intoxication and reckless driving. Client avoided jail time, a license revocation, SR-22 insurance, an ignition interlock device requirement, and thousands of dollars in fines.

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Lights Out!

Iowa City, Johnson County, Iowa.  Some things you must see to believe.  The prosecution and law enforcement attempted to convince a judge to not believe what everyone could clearly see.  Thankfully, the judge believed what he too could see. Two Iowa City Police Department police officers, Maddie Friedrich and her Field Training Officer, Brad Reinhard, attempted to claim that GRL Law’s client was driving through downtown Iowa City, at night, without the vehicle headlights illuminated.  According to Officer Friedrich’s report and sworn affidavit, “the defendant was seen driving without his headlights when required.”  The officers’ squad car video contradicted this […]

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Motion to Suppress Evidence of Traffic Stop Results in Amendment of Felony Charge

Webster County, Iowa- A GRL Law client was charged with OWI 3rd offense, a lifetime 5th OWI offense. GRL attorney Grant Gangestad filed a motion to suppress evidence in the OWI prosecution based upon an illegal and unconstitutional traffic stop of the client’s vehicle.  After reviewing the video, the prosecutor agreed to amend the charge to a 1st offense. Client avoided prison time and thousands of dollars in fines.

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NFG! Court Dismisses Charge Against CDL Driver

The State cited our client for driving an unsafe vehicle after the trailer detached from his rig while on the highway.  The evidence showed the kingpin likely failed after the driver’s last inspection. We defended the case on the merits, but also raised challenges to the citation process and notarization at the close of the state’s case. The trial court finally issued a ruling on our motion for judgment of acquittal.  It was certainly worth the six-month wait! The court dismissed the citation because of a lack of compliance with Iowa Code section 805.6 with costs assessed to the State. […]

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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 […]

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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 […]

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