Iowa Statute §232.150 specifically sets out the requirements and the process for how and when juvenile court records may be sealed. First, there must be a court hearing. This can be requested by the person who was the subject of a juvenile action, or it can be set by the court’s own motion. After the […]
Category: Criminal Law
Governor Culver Raises Court Fees
Governor Culver claims that the bill he signed on May 27, 2009, did not raise taxes – but as a result of that bill you can definitely expect to pay more if you are headed to court. […]
Iowa Supreme Court Further Defines "Seizure"
To activiate the protections of the Fourth Amendment, it matters whether you’ve been “seized” by the police. So when exactly does a “seizure” occur? Other entries on this blog have discussed the important distinction of when a person is “seized” by the police, and a recent Iowa Supreme Court case, State v. Wilkes, sheds a […]
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Impeaching One's Own Witness – Iowa Law
Formerly, a party never had the right to impeach, or question the credibility of, their own witnesses. The theory was that a person vouches for a witness she calls and is bound by what they say on the stand. However, after State v. Trost, a 1976 Iowa Supreme Court case, that is no longer the […]
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 […]
Iowa 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. […]
Iowa 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. […]
Drug 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 […]
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Iowa 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 […]
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Truck 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 […]
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