Plain view is one of the exemptions to the rule that law enforcement needs a search warrant to use evidence against a suspect. For example, if a car is stopped for speeding and the officer sees marijuana sitting out in the open, in “plain view”, the officer can seize the marijuana and use it [...]
A Story County, Iowa Law Firm specializing in family law and criminal defense
Tag Archive: evidence
Difficult to change custody in a modification
The Iowa Court of Appeals once again stated how difficult it is for a parent to change custody after a divorce. In the case of IN RE THE MARRIAGE OF MICHELLE SAWYER AND BRENT SAWYER Upon the Petition of MICHELLE SAWYER, filed on August 19th, 2009 the Court ruled:
To change a custodial provision of a [...]
Don’t trust a lie detector
As an article on the American Psychological Association website notes, psychologists pretty much agree there’s not much data to support the effectiveness of lie-detector tests to sort out truth from lies.
The accuracy (i.e., validity) of polygraph testing has long been controversial. An underlying problem is theoretical: There is no evidence that any pattern of physiological [...]
You get one telephone call
Iowa Code Section 804.20 – Right to Consult an Attorney or Family Member
Once you have been arrested or restrained by law enforcement, and brought to the police station or jail, you have the right to call either a family member or an attorney. You must ask to make the call; law enforcement does not have [...]
Juvenile delinquency case procedure & time lines
In many ways, the juvenile delinquency process mirrors that of the adult Iowa Criminal Procedure. A crime is reported. A Law Enforcement officer will conduct the investigation. If the Law Enforcement officer determines that a crime has been committed and the suspect is a juvenile, Juvenile Court Services will be contacted. A juvenile court officer [...]
Child in need of Assistance (CINA) case procedure & time lines:
CINA (pronounced China) cases start with someone reporting a child is in trouble. Often times these allegations are due to an action or inaction of the parents or guardians. These reports are investigated by Child Protective Services. Many cases are opened after Law Enforcement has conducted a criminal investigation.
If the Department of Human Services believes [...]
Your rights in a criminal case
Search: The general rule is that in order to search a person’s house, property, vehicle or person, law enforcement must have first obtained a search warrant supported by probable cause and signed by a neutral judge. There are exceptions to the search warrant requirement, the most common of which is consent. Law Enforcement often uses [...]
Arrested in Iowa? What happens next?
If you have been arrested, the Constitution of the United States protects your rights to legal counsel, and to remaining silent. To invoke your rights, tell Law Enforcement personnel you do not want to answer any questions without your attorney present and are invoking your right to remain silent. After you invoke your right to [...]
Criminal Justice Procedures & Timelines
Arrest: Starts the process. Arrest is defined as “the taking of a person into custody when and in the manner authorized by law.
Initial Appearance: The magistrate or judge informs the individual of the preliminary charge(s) against them and of his/her rights. Counsel may be appointed if the proper conditions are met. Only in Simple Misdemeanor [...]
What is non-testimonial evidence?
Even if not arrested, you may be required to provide a sample of your handwriting, to speak phrases associated with the offense or to have samples of your hair or saliva taken. You may insist that an attorney be present.
What is non-testimonial evidence?