In interpreting the requirements of Iowa’s version of the 4th Amendment (Article I, section 8), the Iowa Supreme Court sets some new and clear limitations on law enforcement’s ability to impound and inventory search vehicles, i.e. search them without a warrant. Bottom line is that in many more cases, the police will require a warrant to search vehicles and their contents.
 

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.