State v. I.S., Iowa District Court for Benton County No. SMSM006918
Nov 07, 2022
OUTCOME: Drug Charge Dismissed
On November 7, 2022 the Iowa District Court for Benton County dismissed charges of possession of drug paraphernalia following a successful appeal. We persuaded the district court that substantial evid...ence did not support the trial court's 4/20/2022 (I know, right?) conclusion that an empty container with marijuana residue constituted drug paraphernalia as that term is defined in Iowa Code section 124.414.
Gun Law
State v. A.M., Iowa District Court for Pocahontas County No. FECR131223
Oct 07, 2022
OUTCOME: Felony Charges Dismissed
On October 7, 2022, following a two-day trial, the court found our client not guilty of Possession of a Firearm as a Felon, a Class D Felony; Theft in the Second Degree, a class D felony and Theft in t...he Third Degree, an aggravated misdemeanor following the execution of a search warrant at his property. We were able to raise reasonable doubt whether our client had constructive possession of a firearm or stole a second firearm that was discovered with an obliterated serial number. The search warrant was issued to locate a trading card that had been allegedly stolen in an elaborate ruse through PayPal and Ebay. We beat that charge as well.
Drug Crime
State v. B.W., Iowa District Court for Boone County No. FECR115299
Sep 29, 2022
OUTCOME: Drug Charges Dismissed
On September 29, 2022 the district court granted the State's Motion to Dismiss after ruling the day before that Iowa Code section 808.16, which was enacted to reinstate the illegal police tactic of war...rantless garbage rips that GRL upended in 2021, was unconstitutional. The ruling suppressed all evidence of a marijuana grow operation. Our client was charged with possession with intent to manufacture marijuana and tax stamps, two class D felonies, and faced more than $25,000 in unpaid tax, penalties and interest.
Drug Crime
State v. E.G., Iowa District Court for Poweshiek County No. SRIN15606
Aug 24, 2022
OUTCOME: Drug Charges Dismissed
It goes without saying that postal service investigations rarely turn out well for those who receive marijuana products by mail. Drug dogs and search warrants will conspire to reveal the contents of s...uspicious packages before they reach the mailbox. At that point, the recipients face a Hobson’s choice: either snitch on friends or cop to a felony.
What can you do when neither is an option?
You guessed it.
You get the drug crime lawyers at GRL Law involved.
Here’s an example of how we can flip the script on these mailed drug cases that don’t involve the odor of marijuana, drug K9 or a search warrant.
A GRL Law client expected to receive THC vape carts by post, but the carrier returned the parcel instead due to some confusion with the delivery. When the client inquired about the delivery and mentioned the package contained medicine, the postal inspector took a keen interest in the package. And, after suspecting it contained contraband instead, the inspector arranged for a controlled delivery with the MINE Task Force.
Once our client took possession of the package at the post office, six members of the task force and the inspector surrounded him on the post office steps. Then they went to work getting his consent to search, which revealed a handful of THC vape carts.
We argued several points and the district court ultimately accepted that our client’s consent was involuntary under the circumstances.
On August 23, 2022, the State had no choice but to dismiss the charges.
So, in the end, no snitching or pleading. And the dismissal will ultimately be expunged like it never happened.
That’s a NFG.
[NOTE: It is a violation of federal law to use the mail to transport controlled substances including marijuana. It is also illegal to possess marijuana flower and extracts in Iowa without a medical cannabidiol card or its out-of-state equivalent.]
Drug Crime
State v. C.R., Iowa District Court for Greene County No. SRCR014313
Aug 02, 2022
OUTCOME: Drug Charges Dismissed
GRL recently put its knowledge of drug identification procedures to the test in a case involving alleged THC vape liquid.
Police seized a vape cart during a traffic stop. Field testing of the liqui...d extract showed a positive color change indicating the possible presence of marijuana.
Field testing can mistake CBD for marijuana.
This is where things get interesting.
Police didn’t send the cart to the state crime lab. Instead, they sent it to a local department that employs an officer with training in marijuana identification. The officer’s verdict was marijuana.
What’s the problem?
Marijuana identification officers are trained to use macro and microscopic analyses to confirm morphological features supposedly unique to marijuana. Things like cystolithic hairs on the upper surface of the leaf, profuse glandular hairs on the lower surface, lacy marked seeds displaying a sharp ridge, etc.
The officer here was not able to evaluate a liquid marijuana extract using any of those identifying characteristics. Also, he did not conduct any semi-quantitative testing. This sort of instrumental analysis differentiates between legal CBD and illegal marijuana.
The result?
Charges dismissed.
DUI and DWI
State v. D.S., Iowa District Court for Mitchell County No. OWCR026485
Jul 29, 2022
OUTCOME: Felony OWI Charge Amended to Public Intoxication with No Jail
The impaired driving defense attorneys at GRL get results. A recent case in Mitchell County demonstrates how effective we can be when the stakes are highest. We recently took over a case from another ...attorney after the State refused to budge on a felony OWI and trial looked inevitable. After unpacking it, we discovered several important facts that completely changed the dynamic of the case. We went to work limiting the State’s evidence. We requested the DataMaster DMT breath test data and noticed the State’s expert witness to appear on our behalf at trial. The result? On the eve of the final pretrial conference, the State offered public intoxication, a simple misdemeanor, with credit for time served and a minimum fine. No felony. No six-year driver’s license revocation. We’re certainly not alchemists by trade, but when it comes to transmuting lead into gold, we come pretty close.
DUI and DWI
T.M. v. Iowa Dep't of Transp., No. 22DOTOW1933
Jul 22, 2022
OUTCOME: Driver's License Revocation Rescinded
On July 22, 2022 the Administrative Law Judge rescinded the revocation of my client's driving privileges following a breath test failure. I was able to show that the calibration log for the preliminar...y breath test unit did not substantially comply with the administrative regulations in several respects. With the PBT disregarded and no other ground available to the officer, such as an arrest for OWI, the agency had no choice but to reinstate my client's driving privileges. The DOT did not appeal the decision.
DUI and DWI
State v. B.B., Iowa District Court for Story County No. OWCR060940
Feb 15, 2022
OUTCOME: Not Guilty Verdict
On February 15, 2022 a Story County jury found my client Not Guilty of Operating While Intoxicated at trial. This was a test refusal case and the State's evidence consisted of driving behavior and fie...ld sobriety tests.
Speeding and traffic ticket
State v. C.H., Iowa District Court for Worth County No. STA0033066
Feb 03, 2022
OUTCOME: CDL Charge Dismissed
On February 3, 2022 the Worth County Magistrate found our client not guilty of the charge of Following Too Closely in violation of Iowa Code section 321.307. The Iowa State Trooper testified that two ...semi-trucks passed him in the left lane and the rear truck, which was operated by our client, was within five feet of the other. However, the trooper had not observed that the lead truck was actually right behind him and pulled into the left lane, cutting off our client. The trooper was traveling 52 mph in the right lane. Our client was traveling 65 miles per hour pulling a fully loaded trailer. Thankfully, our client was able to brake enough to avoid an accident.
DUI and DWI
State v. C.T., Iowa District Court for Mitchell County No. OWCR026431
Feb 02, 2022
OUTCOME: OWI Charge Amended to Public Intoxication
On February 2, 2022, the district court granted the state's motion to amend the charge to public intoxication from OWI in a case involving a test refusal. We were able to demonstrate persuasively that... multiple incomplete tests were due to our client's inability to provide an acceptable breath sample meeting all of the test parameters on account of her being a lifelong smoker. The officer deemed her to have refused testing instead of requesting an alternate sample of blood or urine, which is permissible under Iowa's breath testing program.
