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Old 12-11-2018, 07:22 PM  
BigRichard BigRichard is offline
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Any Iowa Lawyers On The Board
My wife's nephew got busted with marijuana in his car in Iowa and he had an AR15 in the trunk. They are going to see a lawyer tomorrow but it sounds like he is getting charged with some sort of gun charge to go along with the marijuana charge. I was looking at Iowa laws but the only thing I can find is if he was distributing the marijuana then they could charge him with extra shit. As far as I know he only had a small amount for personal use.

Anyone know the law in Iowa for just possession and having the AR15? Maybe point me to the statute so I can read up on it. More out of curiosity and also so I could fill my wife in on it.
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Old 12-11-2018, 11:10 PM   #31
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Remember that Maas's GF is still teaching developmentally challenged students in Blue Valley after the fiasaco with drugs and weapons in IL.
So I guess the nephew has a chance at being Maas GF
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Old 12-11-2018, 11:11 PM   #32
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The whole issue of a search’s legality is complicated, convoluted and fact dependent. Why did the cop pull him over? What justified any prolonged detention? Where was the firearm?

I have a six volume series on search and seizure that 1)takes up a whole shelf, and 2) is updated every year. Without reviewing the police reports and knowing Iowa low, there is no way to give any sort of prognostication about how things will turn out.

Iowa has stricter gun laws that I’d expect (need a license to own a pistol or revolver) but they have some laxity about transporting rifles. Didn’t review drug amounts but you say personal use. That varies state to state but less than 5grams is pretty reasonable for personal use, maybe 10 grams.*

One issue is firearm and MJ possession. Did he buy the firearm? If so, did he admit to smoking weed? Feds have picked up those cases because it’s a violation of federal law to possess a firearm if you are an illegal user of controlled substances. Granted, odds are feds won’t get involved. But if you have a dick cop and a US Attorney’s office looking for extra cases (not likely), they could make his life very uncomfortable. Possession is broader than ownership so again, this is heavily fact intensive.

Good thing he’s seeing an attorney tomorrow. He should kick everyone out of the room and tell the attorney everything. There are a bunch of ways to attack this but the fact he was in a car is a bad fact. Cops don’t need a warrant, just probable cause. And if he agreed to let hem search the car..... he’s ****ed. I don’t know if Iowa requires recording encounters with law enforcement.

Hopefully the firearm doesn’t screw him and he winds up with misdemeanor MJ possession at worst.

* I’m from Alaska. Weed is our state crop. I have friends for whom 10g is just a good afternoon. Im talking about legal limits. And how it’s packaged will make a difference. 10g in 10 1g bags? Hard to sell personal use, although 1g is an awfully small distribution amount. Usually I’ve seen quarter ounces (7g) as thpical small personal amount. But most judges and certainly most prosecutors have no personal experience for this.
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Old 12-11-2018, 11:37 PM   #33
CrazyPhuD CrazyPhuD is offline
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This was my reaction. It's ludicrous that the same thing would be 100% legal in Colorado (and elsewhere), but it could cause the kid serious issues long-term. Hope they can get it handled reasonably.
Actually federally, the fact that the weed is legal at the state level doesn't matter. You can still get charged with federal gun charges if you have state legal weed and guns in your possession.

Federally you're not allowed to buy or possess firearms if you have any marijuana. It doesn't matter if the state has legalized it or not.

If you buy and use/own state legal weed you can be charged for lying on a 4473 federally.

Simple rule, if you want to own guns legally, you can't use marijuana regardless if it's legal in your state or not.

In many ways it's stupid, but that is the federal law.
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Old 12-12-2018, 12:18 AM   #34
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I interned for a Da where the legality of the search was successfully challenged. If the stop was on dashcam there are several technicalities that can be scrutinized. The officer needs to do everything exactly right. If he skips a step or does something out of sequence you have a chance.

Defendant in my case had a public defender, so it doesn't even take a great attorney to have it challenged, just comes down to the video.
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Old 12-12-2018, 02:09 AM   #35
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having a bad ass gun with some low ass drug. Next on Ironic!
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Old 12-12-2018, 04:52 AM   #36
cooper barrett cooper barrett is offline
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Originally Posted by Cornstock View Post
I interned for a Da where the legality of the search was successfully challenged. If the stop was on dashcam there are several technicalities that can be scrutinized. The officer needs to do everything exactly right. If he skips a step or does something out of sequence you have a chance.

Defendant in my case had a public defender, so it doesn't even take a great attorney to have it challenged, just comes down to the video.
Boom, I guess you look down upon Public Defenders.

Claire McCaskill was once a PD in Jackson County, she later was the Jackson County Prosecutor 1992-1998.
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Old 12-12-2018, 09:02 AM   #37
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Not a lawyer, just hope the young man's life isnt ****ed over by our country's draconian drug laws.
I've seen this up close and personal with a former co-worker that ended in a horrible tragedy. I hope there's sanity in this instance and not some ADA trying to make a name for him/herself.
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Old 12-12-2018, 09:04 AM   #38
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AR-15?

Did he need to shoot 20 black 10 year olds in a drive by?
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Old 12-12-2018, 09:09 AM   #39
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Sounds like this guy is getting coal in his stocking this year.
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Old 12-12-2018, 09:12 AM   #40
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AR-15?

Did he need to shoot 20 black 10 year olds in a drive by?
It's deer season
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Old 12-12-2018, 09:26 AM   #41
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How did the cops find the pot? Was it a traffic stop? Was it city cops? County? HP? How many cops were present at the arrest? Did he give them permission to search the car? How many people were in the vehicle?

You are providing insufficient information.

FAX
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Old 12-12-2018, 09:31 AM   #42
BigRichard BigRichard is offline
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Originally Posted by FAX View Post
How did the cops find the pot? Was it a traffic stop? Was it city cops? County? HP? How many cops were present at the arrest? Did he give them permission to search the car? How many people were in the vehicle?

You are providing insufficient information.

FAX
Sorry Fax, I don't have all the information. I was just wanting to actually read the statute that he would probably be charged under for the drug and firearm possession. Whether it be federal and/or state. I like to see specifics when it comes to laws. Not just oh if this and that then he can be charged.
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Old 12-12-2018, 09:32 AM   #43
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AR-15?

Did he need to shoot 20 black 10 year olds in a drive by?
In Bruges rep.

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Old 12-12-2018, 09:33 AM   #44
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Sounds like this guy is getting coal in his stocking this year.
Is that what they call prison dick these days?
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Old 12-12-2018, 09:39 AM   #45
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It's deer season
Who uses an AR15 to hunt deer?
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