A Davenport police officer mistakenly arrested Troy Ford based on an outstanding warrant for a different individual. Ford argued the search incident to that invalid arrest was unreasonable and the district court should have suppressed the marijuana found. Because the officer did not act reasonably in searching Ford before verifying his identity as the person named in the warrant, the Iowa Court of Appeals held that the evidence should have been suppressed.
For first degree murder, the state must prove specific intent to kill existed at the time of the homicidal act; and it is improper to suggest the defendant’s specific intent may exist at any time. Even if such specific intent existed in the past, it is not proof beyond a reasonable doubt that such specific intent existed at the time of the act, as opposed to a spur of the moment decision.
When a defendant makes concurrence of the court a condition of a plea pursuant to a plea agreement the court must allow the defendant to withdraw the plea if the judge does not agree to be bound by the plea agreement.
Mental health records and evidence of suicidal ideation or prior suicide attempt by alleged victim are relevant in determining whether decedent was murdered or committed suicide.
Aiding and abetting requires a specific intent jury instruction specifically pertaining to the requirements of aiding and abetting, and failure to provide such instructions is reversible error and requires a new trial.
Iowa Supreme Court rules extension of traffic stop beyond initial reason for the stop was unconstitutional and without reasonable suspicion of additional crime, and therefore all evidence had to be suppressed, regardless of allegation of subsequent consent to search.
Iowa Court Appeals rules that an officer lacked reasonable suspicion to stop a vehicle that struck a light pole in a parking lot.
State agrees to dismiss Assault with a Dangerous Weapon charge, for my client simply was doing a welfare check, concerned for the safety of her neighbor.
After deposition revealed that striking of alleged victim was inadvertent and unintentional, State agrees to dismiss Assault Causing Injury charge, for assault requires specific intent, and such intent clearly was absent.
Iowa Court of Appeals rules that law enforcement had insufficient reasonable suspicion to stop a vehicle which did not match the description of a reckless driver.
Iowa Court of Appeals rules that law enforcement did not have legal grounds to enter the garage of a suspect who had been observed driving recklessly, twice crashing into a ditch and then driving into a cornfield, for neither exigent circumstances nor community caretaking functions were grounds to engage in a warrantless entry into the Defendant’s garage, even though the officers knocked and heard the Defendant say, “I’m coming.” Hence, OWI charge had to be dismissed.
After successful motion to suppress, in which the Court agreed with the defense motion that the stop of my client was unconstitutional and without probable cause, the State moved to dismiss all charges against my client, including Operating While Intoxicated (OWI) and Possession of Firearm While Intoxicated. Furthermore, my client’s drivers license revocation was rescinded, and full driving privileges have been restored.