In Carpenter vs. United States, the U.S. Supreme Court held that the police/government must obtain a search warrant prior to obtaining cell phone or cell-site records.

 

 

Iowa Supreme Court holds that freezing a Defendant’s assets prior to trial is improper.

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Insufficient evidence of identification when the only evidence placing Defendant at scene was video that does not show his face or sufficiently distinct identifying features for an accurate identification. Simply because an officer believed he saw the Defendant in the neighborhood shortly before the burglary and believed the Defendant was the one in the video was not enough. The video did not sufficiently support such assertions.

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Client facing three drug felonies, two serious misdemeanor drug charges, and a simple misdemeanor – five charges in all – pleads to a single count of aggravated misdemeanor prohibited acts for a deferred judgment.

Iowa Court of Appeals  holds that when an officer orders a passenger out of a vehicle, it is a seizure, and that seizure must be supported by reasonable suspicion in order to be valid.

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Iowa Court of Appeals holds that there is insufficient evidence of forgery when the bill does not purport to be legal tender.

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Iowa Court of Appeals reverses conviction of Defendant accused of possession drugs with intent to deliver, finding that there was insufficient evidence of constructive possession when the Defendant was a passenger in the car owned by the driver, the trunk contained drugs, and the Defendant’s backpack inside the car contained a small amount of drugs, and there were some inconsistencies in the stories between the two, but there was no evidence that the Defendant knew the drugs were in the trunk, nor was there evidence the Defendant had the right or authority to control the drugs.

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Iowa Court of Appeals requires expungement of case wherein the probationary period ended, and no motion to revoke had been filed prior to the end of probation, nor proper procedural due process afforded.

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Iowa Court of Appeals confirms that when it comes to expungement of dismissed charges, separate case numbers are entitled to separate consideration.

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Client charged with OWI-2nd offense as a result of alleged drug intoxication while driving obtains plea deal for public intoxication and a fine only.

Client’s OWI 1st offense plead down to simple misdemeanor public intoxication. Test result was above .08 but below .09.

In Collins v. Virginia, the U.S. Supreme Court has held that the automobile exception to the 4th Amendment’s warrant requirement does not permit the warrantless entry of a home or its curtilage in order to search a vehicle therein. In this case, an officer learned that an orange and black motorcycle likely was stolen and in the possession of Collins. The officer discovered photographs on Collins’ Facebook profile of an orange and black motorcycle parked in the driveway of a house, drove to the house, and parked on the street. From there, he could see what appeared to be the motorcycle under a white tarp parked in the same location as the motorcycle in the photograph. Without a search warrant, the officer walked to the top of the driveway, removed the tarp, confirmed that the motorcycle was stolen by running the license plate and vehicle identification numbers, took a photograph of the uncovered motorcycle, replaced the tarp, and returned to his car to wait for Collins, whom he subsequently arrested. In ruling that the evidence should be suppressed, the Supreme Court held that the automobile exception does not give an officer the right to enter a home or its curtilage (the property surrounding the home) to access a vehicle without a warrant.