Iowa Court of Appeals reverses conviction based on State’s striking jurors based on race motivation.
After a successful motion to suppress ruling, wherein the judge held that the stop of my client’s vehicle was unconstitutional, and all of the evidence was suppressed, the State dismissed all charges against my client – Operating While Intoxicated and no headlights.
Obtained dismissal of my client’s charges of child endangerment and reckless discharge of a firearm.
Iowa Court of Appeals holds that a domestic no contact order cannot be granted where there is insufficient evidence of an intimate or domestic relationship.
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.