Iowa Court of Appeals holds that excessive length and scope of detention for investigation unrelated to traffic stop purpose requires suppression of the evidence.
Iowa Supreme Court rules that when the reason for a traffic stop or other seizure is resolved and there is no other basis for reasonable suspicion of crime, the Iowa Constitution requires that the driver must be allowed to go on his or her way immediately, without further ado or delay, and the stop must be terminated.
Iowa Court of Appeals rules that there can be no firearm enhancement when the gun is not in plain view, the Defendant did not have exclusive control of the premises, and there was no proof that the Defendant had actual knowledge of the gun’s existence and location sufficient to prove knowledge and possession.
Iowa Court of Appeals rules that there was no reasonable suspicion to justify prolonging the extension of a detention beyond its traffic stop mission either to ask questions or escort the passenger to the patrol car prior to the drug dog sniff. Hence, suppression of the evidence found was required.
Iowa Court of Appeals rules that police violation of statutory impound procedures requires suppression of the evidence found.
Iowa Court of Appeals holds that the police cannot go beyond the scope of a warrant, and to search elsewhere without probable cause and exigent circumstances requires suppression of the evidence found. Also, the search of the vehicle could not be justified by the impound and inventory exception, because the state failed to prove reasonable standardized procedures and a purpose other than investigation of criminal activity.
Iowa Supreme Court rules that the State cannot obtain restitution for normal ordinary routine law enforcement activities; but only for an emergency response.
Client who was charged with serious misdemeanor assault pleads to simple misdemeanor public intoxication and disorderly conduct only, with the assault charge being dismissed.
Iowa Court of Appeals holds that when a Defendant who has not yet been arrested shows up to court pursuant to a summons on an indictable offense, and has an initial appearance and waives preliminary hearing, the 45-day speedy indictment clock starts running from that date. Any trial information filed after that must be dismissed as untimely.
Iowa Supreme Court rules that a sentence may not include the forfeiture of a pre-trial bail bond in payment of financial obligations imposed as part of the sentence.
Iowa Supreme Court rules that probation officers may under certain circumstances search the domicile of a probationer.
Iowa Court of Appeals suppresses seizure of vehicle owner and passenger of parked car and the subsequent search of the vehicle based on alleged observation of open container of alcohol, holding insufficient probable cause to seize and then search.