The Iowa City Law Blog

In a decision released April 21, the U.S. Supreme Court placed greater restrictions on the ability of police officers to search the vehicles of individuals they arrest. Although in general police are supposed to get a warrant before performing a search, there are a number of exceptions to that rule. One exception, which police officers have relied on for years, is the ability to search an occupant’s vehicle “incident to” their arrest of that person. According to the majority opinion released yesterday, that exception has resulted in “Countless individuals guilty of nothing more serious that a traffic violation… (who) have had their constitutional right to the security of their private effects violated.”

Limiting this exception, the Court held that warrantless vehicle searches should only be allowed in two situations: when the person arrested is close enough to the car to reach in, possibly grab a weapon or tamper with evidence; or when the arresting officer “reasonably believes that the vehicle contains evidence” pertinent to the crime that prompted the arrest. Read more »

The city council of Iowa City continues its assault on the downtown bars.

Currently, the city outlaws anyone under the age of 19 being in a liquor serving establishment after 10:00 p.m. This does not include all liquor serving establishments. Depending on the amount of alcohol a business sells, a business can get an exemption.

For example, you can buy a bottle of beer at Panchero’s, and you can still be there after 10:00 p.m. while being under 19. They have filed for the proper exemption. Whereas a true-to-form bar cannot qualify for this exemption.

The current law sets the fine at $250.00 for a first offense. Add on the mandatory 32% surcharge and $50.00 in court costs, and you are looking at $380.00 for the total bill. Remember, that you do not even have to be caught drinking, be drunk, or have a drink in your hand. Fall into any of those other categories and you will be looking at more penalties. Read more »

The Iowa City city council has approved a new measure in their assault against underage drinking. On Februrary 3, 2009, they approved a new ordinance that will punish bar owners for PAULA’s issued on their premises.

Currently, the Iowa City Police Deparment keeps statistics on PAULA’s per police visit in all of the downtown bars. Now, this information will be considered when bar owners seek to renew their liquor licenses. If a bar has more than 1 PAULA issued per police visit, their liquor license “could” be denied. And, of course, a downtown bar without a liquor license would quickly go out of business.

Therefore, one can expect greater control by bar owners of underage patrons in their establishments.