Nicholas E Hay's Legal Cases (2)

Criminal defense

State of Iowa v. D. Smerud

Sep 18, 2012

OUTCOME: Case Dismissed

Police executed a search warrant of my client's home, placed my client under arrest, and filed several charges that, in total, carried up to 75 years in prison. After I replaced his first attorney, I r ... ealized his first attorney made a decision not to pursue a potential Constitutional violation of my client's rights. I filed a motion to dismiss and a supporting legal brief, and after a lengthy court hearing the Judge agreed that law enforcement had violated my client's constitutional rights and dismissed all charges against my client.

Criminal defense

State of Iowa v. Bakewell

Jun 04, 2012

OUTCOME: Evidence Suppressed and Case Dismissed

My client was visiting a friend's home and law enforcement executed a search warrant. Law Enforcement's application for the warrant requested they be allowed to search everyone present at the home. La ... w enforcement had probable cause to search the home, but they provided no facts to support a search of anyone in the home who was not the renter. They searched my client illegally and charged him with possession of a controlled substance, which could have carried up to five years in prison. I filed a motion to suppress the evidence found on my client because law enforcement violated his 4th Amendment and Article I Section 8 rights to the U.S. and Iowa Constitutions. A judge agreed that there was no probable cause to search my client simply for being present at the home, the evidence was thrown out, and the State's case fell apart.

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