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When someone is arrested for a drug crime, specifically a drug distribution crime, the officers will seize evidence.  Notably, they will take any drugs, scales, pipes, grinders and loose cash.  They will also be looking for any sort of record keeping, such as a client list or a ledger.  All of this should be expected.

However, it might come as a surprise to some dealers that the officers will seize computers or cell phones which may have contact information in them.  This is not a big deal when the cell phone is a cheap free-with-contract model.  But this can become a very big deal when the phone is a $400 iPhone.

Officers will seize a cell phone specifically to look at call logs and text messages.

Text messages are a very clear indicator of drug sales, even if supposedly sneaky code words are used.  And as I wrote, the throw-away cell phone is not as big of a deal as the a new smart phone.

In Iowa City, these items will be kept in evidence as the case proceeds through the court.  Once the case is finalized, the items will remain in evidence in case of an appeal.

However, even after the period of the appeal has passed, the items will not be returned.  They will eventually be destroyed.

That makes sense in regard to the drugs and paraphernalia themselves.

But the iPhone is simply destroyed.

So don’t let your fancy smart phone fall victim to destruction at the hands of the I.C.P.D.

With the icy weather and cold temperatures invading Iowa, it’s time for another reminder of the whole “O” in the OWI offense.

For whatever reason, Iowa has decided to call the “DUI” offense “OWI.”  The law refers to this as both “Operating While Intoxicated” and in the same statute, “Operating While under the Influence.”  So whichever name you wish to use, it’s clear that the “O” means “Operating.”

Why not “driving?”  Well, “operating” is more inclusive.  The legislature wants to trap those people that weren’t actually driving the vehicle, but merely engaged in the operation of it.

Primarily this is going to include people sitting in their cars with the engines on and the heaters running.

This isn’t as big of a problem in the summer.  In the summer you would be fine to “sleep it off” in your car, as long as the engine was never operating and the keys were not in the ignition.

But cars cannot operate the heater without the engine being engaged, so wintertime will often lead to a few more operating-but-not-driving related OWI’s.

The penalty is the same.

Lesson?  Don’t sleep it off in your car in the winter.

Also, as a point of responsibility, often times when “sleeping it off” the amount of time it takes to achieve a non-intoxicated state will exceed the time somebody would sleep in their car throughout the morning.  If someone drinks to the point of passing out (0.15 or greater) and they pass out at 2:00 a.m., they will not be safe to drive when the sun comes up.  Many people will drink to a BAC of 0.20 or more, and that certainly will take more than a few hours in the car to return to a non-intoxicated < 0.08 level.  The only time that “sleeping it off” can really work is if your BAC is very close to 0.08, and a few hours would push it to 0.05 or less.  Nights of heavy drinking cannot be remedied by a few hours of sleep.  And anybody that jumps in the car at 8:00 a.m. after drinking hard until 2:00 a.m. is very likely violating the Iowa OWI law.

After a defendant is determined to be guilty of a given a offense, whether by plea or trial, a sentencing hearing will be set.

Sentencing is where penalties are determined by the court, and is also the point where a conviction would take effect.

For lower-level crimes, such as simple misdemeanors, sentencing will usually occur immediately following the plea or trial.

For serious and aggravated misdemeanors, the defendant has the right to request a separate sentencing hearing.  On many pleaded-out cases, the defendant will waive his hearing altogether and ask that the judge accept the plea bargain as outlined in the guilty plea.

For felony offenses, an in-court sentencing must take place.  Felonies are so important that the court must afford the defendant the right to go on the record even if he does not wish to do so.

When stopped in Iowa under suspicion of an OWI, the arresting officer will undoubtedly take the suspect to a testing station to administer the Datamaster breath test. 

The Datamaster is the more accurate version of the hand-held breath test (called the PBT for preliminary breath test) that is administered in the field.  Although the Datamaster has a margin of error, it is nowhere near the margin of error that exists with the PBT.  Read the rest of this entry »

The State of Iowa has the crime of Public Intoxication, which prohibits that a person be 1) in public and 2) intoxicated (or simulating intoxication). When these criteria are met, the officer can effectuate an arrest and perform a search.

There is not a whole lot to add here. The legislature has not defined “intoxication.” Iowa case law has not been helpful either. The very few cases on point do not get much more in depth than talking in circles and saying “is intoxicated” once again. Read the rest of this entry »

Every weekend students are charged and convicted of Possession of Alcohol Under the Legal age, also known as “PAULA.”

This offense has existed since alcohol age restrictions have been around. But even in the last few decades, the penalties have gone from comically low to ridiculously high.

With the new (July 2009) surcharge of 35%, and the new court costs of $60.00, the penalty for a 1st offense PAULA has risen to $330.00.

That’s a pretty steep penalty for a night out drinking. And I’m not going to comment on the size of flat screen TV that could be bought for the fees on a 2nd offense. Read the rest of this entry »

Under Iowa law, people with OWI 1st offense test failures over 0.10, or test refusals must get an ignition interlock (“blow & go”) device installed on any vehicles they wish to drive or own, if they want to get a work or school permit.

With a first offense, a driver is always eligible for their work or school permit prior to being eligible for a full reinstatement of their license. Read the rest of this entry »

The Hawkeye Football season opener is this weekend. And unfortunately that often means and increase in local alcohol-related arrests.

Although it is illegal to have any open container of alcohol in public, the local law enforcement agencies traditionally grant some leniency for tailgating parties near Kinnick Stadium on game day.

There are no set terms of when they could or could not charge an individual with an open container violation, but they generally will not enforce this law in the public parking areas located within a few blocks of Kinnick. Also, officers have traditionally been lenient on the open container law for people walking on the streets and sidewalks between these areas. The pile of empty (or half-empty) beer cans in the wastebaskets surrounding the stadium are a testament to this. Read the rest of this entry »

Cedar County, Iowa contains the county seat of Tipton, and also a stretch of Interstate 80 to the east of Iowa City and to the west of the Quad Cities.

In Cedar County, many of the references made elsewhere on this blog regarding OWI prosecution still hold true. For example, the mandatory minimums still must be enforced and the same standards of guilt exist. However, there are a few differences that must be noted from my other posts. Read the rest of this entry »

Here is a list of the rules provided by Kirkwood Community College, regarding the 48-hour OWI Weekend Treatment Program. Hopefully you will find this helpful when planning to attend the program:

“Kirkwood OWI Weekend Program Information

Registration:
You must contact Kirkwood Community College at (319) 398-4971 to register for a class. They have classes scheduled each month, so finding a class should not be a problem. However, they recommend registering early, as classes tend to fill up quickly. NO walk-ins are allowed.

The Class:

1. Check-in starts at 4:30p.m. at the Heartland Inn in Coralville. You should arrive no later than 5:30p.m. to get through the process. Anyone that arrives after 6p.m. is denied entrance.
2. Luggage will be searched and a breathalyzer test administered. Anyone testing above a .00 will be denied entrance. It is not advisable to consume alcohol on the day you check in or consume a large amount the night before. Read the rest of this entry »