4th Amendment Suppression Motion: Case Dismissed

4th amendment traffic stop

Firearm and Drug Possession Case Dismissed

On January 12, 2018, Dean Stowers obtained the dismissal of a client’s firearm and drug possession case.  Dean successfully argued that the officer did not have probable cause to pull over the Defendant’s vehicle after the officer gave conflicting reasons for the stop.

Probable Cause

Law enforcement must have probable cause  or reasonable suspicion to stop a vehicle.  In this case, during courtroom testimony the officer stated that he stopped the vehicle for speeding. However, video from his dash cam revealed he never mentioned speeding as a reason for the stop.  In fact, he asserted on video that he stopped the vehicle for suspected activity in a previous altercation.  Additionally, the Court determined from the video that the Defendant was not speeding, and as a result it was not legal for the officer to stop his vehicle.

Suppression of Evidence  

When an Iowa court concludes evidence was discovered through a constitutional violation, it orders the evidence suppressed. That means the State cannot used any information it learned or obtained as a result of the constitutional violation. In this case, where all of the information was derived from the unconstitutional traffic stop, there was simply no evidence left upon which the prosecution could sustain a charge. Hence, the prosecution dismissed the case.

Iowa Criminal Defense Attorneys

Law enforcement officers make unlawful traffic stops every single day.  The attorneys at Stowers and Sarcone know your constitutional rights and have a dedicated track record of holding law enforcement to the proper procedures.  Don’t let a potential defense to your case go unnoticed!  Contact us today at 515 224 7446.