Supreme Court Limits Warrantless Searches
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 [...]
read moreIowa City Council Under 19 Proposal
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. [...]
read moreIowa City PAULA Update
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. [...]
read moreDrug Law in Iowa – "Possession" or "Intent to Distribute"
When controlled substances are discovered, the police and the county attorneys have a decision to make: Should the crime be charged as “possession” or “intent to distribute?” Absent an admission from the suspect that he is a drug dealer, what do the charging authorities look at before they make their decision? And more importantly, what [...]
read moreIowa Criminal Law – Check the Car before you Drive It!
Many drug-related charges involve traffic stops. During the stop, the officer will be looking for any evidence of any additional crimes, including drug offenses. Drug paraphernalia in plain view, the smell of used drugs (particularly burnt marijuana), or signs of intoxication or drug use by the driver or passengers will all be used to further [...]
read moreTruck Drivers Have a Lowered Expectation of Privacy? – Iowa Criminal Law
An “expectation of privacy” is what protects citizens from searches and seizures from the State. Generally, if a citizen has a reasonable expectation of privacy, there must be some additional fact which would allow an officer to conduct a search or seizure upon that person. One of such reasons may be that the person is [...]
read morePleading Not Guilty – Iowa Criminal Cases
Imagine a dartboard where the bull’s eye is “guilty.” Everything else on the board is “not guilty.” Not guilty does not necessarily mean that a defendant actually did not commit the crime. It can mean that, but it also means everything else, aside from “guilty.” For low-level misdemeanors (simple misdemeanors in Iowa) guilty pleas can [...]
read moreIowa OWI / DUI Field Tests – The Law on Walk and Turn
The Walk and Turn test is probably the most difficult test for a completely sober person to perform. It has the most complicated instructions, and points are taken off for more than just swaying side-to-side or missing heel-toe contact. Therefore, it would benefit a suspect to review these rules prior to being in the position [...]
read moreIowa Jury Instruction for OWI / DUI, Test Refusal Law
If a defendant goes to trial on an OWI charge in Iowa, where no BAC was given, the jury will decide whether the driver is “under the influence.” This is commonly called a “refusal” trial, based on the defendant’s refusal to providing a sample. Remember that the PBT, or preliminary breath test results are not [...]
read moreIowa OWI / DUI Law: Use of the PBT Results at Trial
When a subject is questioned regarding an OWI, he is often offered a preliminary breath test (PBT) by the officer. Based in part on the results of this test, the officer will make his decision to whether charge the subject with OWI. As mentioned in other posts, the PBT cannot be used at trial for [...]
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