Iowa Court of Appeals finds that there was insufficient evidence for a domestic abuse protective order/no contact order, for screaming, slamming and punching a door is not an assault.
Iowa Court of Appeals rules that a Defendant is entitled to a new trial after the lower court improperly overruled hearsay objections to the admission of an investigative report written by law enforcement and a search warrant application, which contained statements by an informant who did not testify, for their admission violated the Defendant’s constitutional right to confrontation.
Iowa Court of Appeals rules that a trailer hitch partially covering a license plate is not a law violation and does not give probable cause for a seizure.
Iowa Court of Appeals rules that an officer’s search of a glove compartment and center console of the Defendant’s vehicle, looking for evidence of identity, proof of insurance, and vehicle registration after the Defendant refused the officer’s requests, was not a valid search under the automobile exception to the warrant requirement. The officer did not have probable cause to believe evidence of a crime was in the vehicle, and there was no exigency requiring a search at that time.
Iowa Supreme Court holds that asking a passenger to exit the vehicle in order to effectuate a search or arrest of the driver or other person is not necessarily an unconstitutional violation of 4th amendment if reasonable under all of the circumstances.
Iowa Court of Appeals confirms that a single brief incident of crossing a fog or lane line, without more, is not sufficient reasonable suspicion of crime to detain a driver.
Iowa Supreme Court holds that a non corroboration instruction is improper. A court should not inform a jury that the complaining witness’ testimony need not be corroborated.
Client charged with 7 counts, including attempted murder, going armed with intent, carrying weapons, willful injury causing serious injury, assault with a dangerous weapon, possession of firearm while subject to a protective order, and tampering with a witness, pleads only to possession of a firearm while subject to a protective order and tampering with a witness, for an agreed-upon deferred judgment, civil penalties, and 2 years of probation.
Iowa Court of Appeals discusses proper calculation for time served, particularly when a Defendant has a warrant on a separate case, or is being held in a different county.
Iowa Court of Appeals rules there was insufficient evidence for a no contact protective order, for the evidence did not prove an assault
Iowa Supreme Court reverses conviction as a result of the trial court improperly allowing prior bad acts evidence.
Although the Iowa Supreme Court has held that probable cause gives officers the right to search an automobile and its contents, including the passengers’ effects and containers, the automobile exception does not apply to the persons of passengers without particularized cause pertaining to that particular passenger.