Attorney Colin Christopher Murphy's Legal Cases

DUI and DWI

State v. M.O., Iowa District Court for Worth County No. OWCR007601

Jun 12, 2007

OUTCOME: Charges Dismissed

The State dismissed the charge of OWI – First Offense shortly following a June 12, 2007 pre-trial ruling that the arresting officer did not have reasonable suspicion to stop a vehicle with out-of-state ... plates that pulled into a rural driveway at night and then continued down a dead-end road. The district court agreed with my argument that the officer was not responding to a crime in progress; the officer had no incriminating information regarding the vehicle; the officer observed the vehicle for only a short time in which there were not traffic or equipment violations; there was no erratic driving or furtive movements. As a result, the officer was operating on nothing more than a hunch. Because the Constitution requires much more, all the evidence flowing from the stop, i.e., the field sobriety tests, the breath test and incriminating statements, was declared inadmissible at trial.

Drug Crime

State v. J.H., Iowa District Court for Cerro Gordo County No. SRCR015523

Apr 19, 2007

OUTCOME: Charges Dismissed

On April 15, 2007 the district court suppressed all evidence seized following a pat-down of defendant’s pockets. In finding the officer did not have reasonable suspicion for a pat-down, the district c ... ourt noted defendant made no attempt to flee, was cooperative throughout the encounter and made no furtive movements. The officer had no knowledge of any prior convictions or outstanding warrants. He did not observe any suspected weapons or suspicious bulges in defendant’s pockets. In short, the officer could not articulate any reasonable fear for his safety prior to the pat-down.

Drug Crime

State v. T.W., Iowa District Court for Cerro Gordo County No. SRCR014896

Sep 15, 2006

OUTCOME: Charges Dismissed

The district court suppressed evidence of marijuana discovered in the center console of a vehicle following a traffic stop for seat belt and defective brake light violations. Officers searched the veh ... icle based on “furtive” movements by the passenger at the time of the stop and the discovery of two blue pills in the passenger’s purse. In finding there was no probable cause to search the vehicle’s interior, the district court adopted my argument there was no odor of burnt marijuana, nervous behavior by either the passenger or driver, erratic driving or prior knowledge of the occupants’ criminal history. The furtive movements relied on by the officers were little more than the passenger fastening the seat belt as the officers approached.

Colin Christopher Murphy's Legal Cases (183)

State v. M.O., Iowa District Court for Worth County No. OWCR007601

State v. J.H., Iowa District Court for Cerro Gordo County No. SRCR015523

State v. T.W., Iowa District Court for Cerro Gordo County No. SRCR014896