The First Amendment protects us from being prosecuted or persecuted by the government for what we say -- our opinions, our arguments and our rants. That said, not all speech is protected by the First Amendment. Fraud, plagiarism, defamation, perjury and solicitation...
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West Des Moines Criminal Defense Law Blog
Even with more legalization, marijuana arrests were up last year
Someone was arrested for a marijuana offense every 48 seconds in 2017, according to new data from the FBI. Arrests for marijuana offenses rose across the U.S. last year even as more states legalized the drug. Moreover, the increase was driven by arrests for mere...
Iowa Supreme Court to decide legality of pretextual traffic stops
When an African-American woman from Waterloo named Scottize Brown was pulled over in 2015, it had little to do with her behavior. The officer who pulled her over had run the license plate on the vehicle she was driving and learned that the owner had alleged gang...
How private is a student’s locker?
Heading back to school brings a few familiar rituals, which can include shopping for school clothes, school supplies and getting a new school locker and combination. But unlike clothing and school supplies, lockers are not personal property. Therefore, once students...
Are the Des Moines police engaging in racial profiling?
The dashcam video of a Des Moines police stop involving two African-American men, Montray Little and Jared Clinton, has been viewed over 9 million times."My heart sank into my feet," said Clinton's mother. "I apologized to him because I brought him to this city."...
License suspensions longer for those who refuse breath tests
In Iowa, all drivers are subject to the implied consent law, which states that drivers agree to taking a blood, breath or urine test if pulled over by a police officer who has reasonable suspicion of intoxication.Drivers have the right to refuse a chemical test, but...
Protect your rights when stopped by the cops: 4 key concepts
Always be respectful when interacting with law enforcement. At the same time, to be aware that when the police are questioning you about a potential crime, they are not on your side. Explaining your side of the story will not clear things up. In fact, it's best to...
ACLU of Iowa targets unconstitutional panhandling ordinances
In 2015, the U.S. Supreme Court confirmed in Reed v. Town of Gilbert that content-based regulations on free speech are unconstitutional. This has been widely applied to panhandling ordinances. Indeed, according to the ACLU of Iowa, every case since brought against a...
Forensic scientists working to reform the evidence they present
Recently, about 1,400 forensic pathologists, fingerprint examiners and other crime scene investigators from across the country met in San Antonio for the International Association for Identification's annual International Educational Conference. At the top of the...
What are the penalties for prostitution and solicitation in Iowa?
Most people know that prostitution is basically defined as exchanging sex for money, and that it's illegal. Many also know that solicitation of prostitution is defined as asking or encouraging another person to engage in prostitution. The most common form of...
