Right now, Iowa and most jurisdictions deal with drug abuse almost exclusively through law enforcement. If you're caught with a prohibited drug, or one you don't have a prescription for, you can be arrested, charged and convicted of a criminal offense. In most cases,...
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Year: 2019
Iowa Supreme Ct: Immigration status OK to consider in sentencing
In 2018, a Mexican immigrant who had been brought to the U.S. as a teenager was convicted in Iowa of intent to deliver marijuana. During a 2017 traffic stop, officers allegedly found 184 one-pound bags of marijuana and a handgun in his car. Although he claimed he had...
What is a prosecutor’s duty if an officer is shown to have lied?
Prosecutors have a legal and ethical duty not to knowingly allow perjury. If a prosecutor learns that a witness -- even a police officer -- in one of their cases lied on the stand, that prosecutor is required to notify the judge and attempt to correct the matter.But...
When can the police search through your cellphone?
As many people know, the Fourth Amendment of the U.S. Constitution protects you and your property against unreasonable searches and seizures by the police. However, not many people know how this nearly 200-year-old amendment protects their modern smartphones....
New FBI data shows violent crime continuing its downward trend
The violent crime rate in the U.S. hit a high in approximately 1990 and then began to taper off. That trend continued until 2015 and 2016, when the violent crime rate rose slightly. In 2017 and 2018, however, the violent crime rate resumed its downward trend. Now, the...
Marijuana arrests up again last year despite more legalization
Even though more and more states have legalized marijuana, the overall number of arrests for marijuana offenses continued to rise in 2018, according to new data from the FBI. There were 663,367 marijuana arrests nationwide last year, up from 659,700 in 2017. That...
Momentum growing to limit the role of jailhouse informants
It's a tale as old as time. Someone is arrested and held in jail before trial. Naturally, they're desperate for a friendly face or a caring voice. They spill their guts to their new friend, giving details of the crime. That "friend" contacts the prosecution offering...
There are far, far too many things that are federal crimes
Do you know how many federal crimes are on the books? Neither do we. In fact, nobody does.In 1982, a group of Justice Department attorneys attempted to find out. After two years of reading countless federal statutes and regulations, the lawyers were only able to come...
Can DEA agents search people on Amtrak?
The next time you ride Amtrak, you may encounter an agent from the Drug Enforcement Administration asking you to allow a search of your belongings. Don't consent -- especially if you have something to hide.The mere fact that an officer has requested a search you may...
5 things to keep in mind if pulled over for OWI
The best defense against an operating while intoxicated (OWI) charge in Iowa is to refrain from drinking and driving. However, drivers often take to the road after having a drink or two and are pulled over by officers under suspicion of drunk driving. If you are...
