When most people think of driving while under the influence, they first think of drunk driving. However, many do not realize the government might attempt to prosecute you for driving while taking prescription drugs. Because of Iowa's broad approach to controlled...
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West Des Moines Criminal Defense Law Blog
Study: Asset forfeiture does little to reduce crime, drug use
A recent study released by the Institute for Justice, a libertarian-leading public interest law firm, calls into question a number of justifications for civil asset forfeiture. Contrary to claims by law enforcement, seizing property from criminal suspects does not...
SCOTUS allows warrantless blood draws from unconscious drivers
If you are pulled over for OWI, stay awake. You lose some of the constitution's protection if you pass out, according to a new ruling by the U.S. Supreme Court. If you remain awake, law enforcement officers must obtain a warrant before drawing your blood for a...
22% of new Iowa prison entries are for minor supervision breaches
The idea of parole and probation was to reduce the number of people in prison, but states are spending millions on incarcerating people for technical violations of their supervision agreements. In Iowa, for example, 40% of the prison population is made up of parole...
Supreme Court upholds ‘dual sovereigns’ double jeopardy doctrine
Terance Gamble was convicted of second-degree robbery and domestic violence charges in Alabama, both of which made it illegal for him to purchase or carry firearms under Alabama and federal law. In 2015, he was pulled over for a missing headlight. An officer searched...
Over 1,000 federal prisoners’ sentences reduced by First Step Act
As we discussed on this blog last December, the First Step Act was a bipartisan reform law that promised relief for federal defendants and prisoners in several areas. The Act was expected to be especially helpful to minority defendants, as minorities have...
Eighth Circuit reaffirms: Swearing at cops is protected speech
"With limited exceptions not relevant here, even profanity is protected speech," explained a judge for the Eighth Circuit Court of Appeals. "Criticism of law enforcement officers, even with profanity, is protected speech."Iowa is in the Eighth Circuit, which also...
Iowa man says criminal charge violated his First Amendment rights
Should criticizing the police get you charged with criminal harassment? Not if you didn't make any threats, according to the ACLU and an Adams County man. Nevertheless, the man was charged with harassment in the third degree when he criticized the behavior of an Adams...
Could your CBD get you an OWI?
CBD, a non-psychoactive derivative of the cannabis plant, is widely available online and even in some retail stores. Nevertheless, it may not be fully legal and you should take care when using it. In Iowa, we only allow people with state-qualifying conditions to use...
Sports betting still needs regulation before bets can be placed
As you may know, Governor Kim Reynolds signed a law last week that allows certain types of sports betting in Iowa by gamblers 21 and older. Although the law technically went into effect upon Reynolds' signature, the State Racing and Gambling Commission still has to...
