The Iowa Supreme Court has ruled that the implied consent procedures contained within Iowa Code section 321J are not the exclusive means for an officer to investigate an OWI, and an officer may bypass the implied consent procedures and apply for a search warrant in lieu of utilizing implied consent.

Read the case

Furthermore, in a similar case, the Court held that if the officer has applied for a search warrant for a body specimen, and subsequently violates Iowa Code section 804.20 by failing to allow a requested phone call to a lawyer or family member, the specimen obtained via the warrant is not necessarily suppressed and excluded, if the warrant was obtained via means independent of and not tainted by the subsequent rights violation.

Read the case 

Iowa Court of Appeals holds that a defendant cannot be held responsible for the crime of introducing contraband or drugs into a correctional facility when the drugs were in a backpack which had been seized by the police, and it was the police who brought the backpack into the jail, not the defendant. Since the drugs were not on the defendant’s person, he could not be held responsible for the backpack which the police had seized and brought in with them.

Read the case

Iowa Supreme Court rules that once a prison sentence has been imposed, on a motion for sentencing reconsideration, the Court can suspend the sentence, but it cannot grant a deferred judgment.

Read the case

Iowa Supreme Court rules on personal jurisdiction in a civil case, but which potentially could have implications in criminal or civil no contact case proceedings.

Read the case

The Iowa Supreme Court holds that detaining a truck driver for any time beyond that which is reasonably necessary to conclude the purposes of the initial stop/seizure is unconstitutional.

Read the case 

 

Iowa Court of Appeals reverses theft conviction, holding that the State failed to prove intent to permanently deprive.

Read case here

Any Reference to the PBT can be Prejudicial

The Iowa Supreme Court has held that even if the preliminary breath test numerical results (PBT) are not provided to the jury, merely showing the jury that the Defendant took the PBT, even without providing a numerical result, juxtaposed with the arrest, is an impermissible suggestion of a result over .08, and furthermore, the mere fact that the Defendant took the PBT is irrelevant, or has minimal relevance if any, and any such minimal relevance is substantially outweighed by the danger of unfair prejudice, and therefore, admitting into evidence the mere fact that the Defendant took a PBT, in an OWI prosecution, is a violation of Iowa Rule of Evidence 5.403 and should not be admitted into Operating While Intoxicated trials.

Read the case here

After a successful ruling by the Court granting the Defendant’s Motion to Suppress evidence based on an unconstitutional seizure, and the State’s Motion to Dismiss based on that ruling, my client’s charges of possession of drugs, public intoxication, and interference with official acts have all been dismissed.

After a trial to the judge, based on stipulated evidence, my client was found not guilty by reason of insanity of the charges of assault with a dangerous weapon on a peace officer and criminal mischief.

Application for a no contact protective order has been denied after hearing and post-hearing briefing. There was insufficient evidence that my client committed an assault.

The Iowa Supreme Court has held that even in a pandemic, the constitutional right to a public trial must be honored, and closing the courtroom to the public requires reversal and a new trial.

Read the case