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 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 evidence was suppressed.
Des Moines, Polk County, Iowa. OWI First Offense amended down to Reckless Driving with a minimum fine. GRL Law's client performed well on field sobriety tests and did not submit to a breath test at the station.
The State cited our client for using a smart phone while driving a commercial motor vehicle.
We were prepared to defend the case on the merits when the county attorney realized our client was not using the phone for communication or texting but rather the GPS app.
The State moved to dismiss the day before trial. No objection!
That’s a NFG.