Criminal Law >> Iowa Criminal Process >> Search and Seizure
Evidence Suppression for Case Dismissal
If you’ve been charged with a crime in Iowa, your attorney will consider the details of your case before advising you about what to do. If police did something wrong, some evidence against you may not be admissible at trial. If the state doesn’t have enough admissible evidence to convict you, your case may be dismissed. A dismissal is the best outcome you can hope for in a criminal case. Many police searches require warrants, but some don’t. It’s important to understand your constitutional rights.
Iowa Constitutional Rights and Warrant Requirement
The Fourth Amendment of the United States Constitution guarantees your right to be safe from unreasonable seizures and searches.” Article 1, Section 8 of the Iowa Constitution guarantees the same right. If the police search you or your belongings, they often need a warrant.
The police may not need a warrant if you or someone else consents to a search. If an officer asks for your permission to look around, you should tell him or her that you don’t consent to any searches. If you don’t consent to a search but the police search anyway, your attorney will talk to you about if this helps your case.
In addition to police searches you consented to, there are other times the police can search and take evidence without a warrant. These times include searches that happen when you’re being arrested, police seizing evidence that’s in plain view, and more.
Motion to Suppress
If you think the police may have searched you in violation of your Constitutional rights, call an Iowa criminal defense attorney and ask if they can talk to you about your case. A lawyer may be able to write a motion to suppress evidence. Suppressing an illegal search could end your case entirely and get your life back to normal. It’s important to talk about whether any searches that happened to you were unconstitutional.
Iowa Criminal Defense Lawyers
If you’ve been charged with a crime in Iowa and you’d like to talk to us about your defense, call (515) 491 6128, click “chat now” on any page on this website, or go to the “Contact Us” page to send us an email.
This blog post is for informational purposes only and should not be relied on as legal advice. Consult with a licensed attorney in your jurisdiction.
If you’ve been charged with possession of marijuana, possession of a controlled substance, OWI, or other public offenses in Iowa, ask your attorney whether there are grounds to have any of the state’s evidence suppressed.