Johnston, Stannard, Klesner, Burbidge and Fitzgerald, P.L.C.

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Johnston, Stannard, Klesner, Burbidge and Fitzgerald, P.L.C.

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    4.  — Are Police Allowed To Search My Home Or Car In Iowa?

Are Police Allowed To Search My Home Or Car In Iowa?

If your criminal charges and arrest came about after the police searched your home or car, you naturally wonder if they were justified in doing so. To prepare to defend yourself against charges of drug possession, theft or any other crime with supposed evidence obtained through a search of your property, discuss the question with a criminal defense lawyer as soon as possible.

If a search has not happened yet but you suspect that a search is imminent, we urge you to be ready to say no if the police ask you and do not have a search warrant. At Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C., we leave no stone unturned when pursuing defense strategies for our clients. We will evaluate the sequence of events that resulted in charges against you and then will advise you accordingly.

What Do Iowa Statutes Say About Search Protocols?

State laws in Iowa specify the following rules regarding searches of people’s private property:

  • An officer must have probable cause to search for evidence in a case against you.
  • They must get a search warrant.
  • They cannot conduct a search based on images obtained through a drone camera without a warrant.
  • They can search through garbage left in front of people’s houses.

The police may try to intimidate you into saying yes to a request to look through items in your house or car. You can and should say no if they do not have a search warrant.

Furthermore, if law enforcement officers have already conducted an illegal search and seizure of items in your house or car, our lawyers may convince a prosecutor, judge or jury to suppress or ignore the evidence found through such methods.

Get An Attorney’s Counsel Before Or After A Search Of Your Property

If you have questions about search and seizure tactics by the police and how they may affect your case, call us at 319-359-6492 or fill out our online form for an initial case consultation.

We will listen carefully to the facts of your case and explain your legal options. Your future is our concern.

Notable Cases

Cedar County AGCR024516 — PLEA OFFER ACCEPTED — Attorney Shawn Fitzgerald’s client was accused of the crime of Operating a Motor Vehicle While License is Barred as a Habitual Offender §321.560/ §321.561/ §321.555 /§321.556 (An Aggravated Misdemeanor), as well as Failure to Use Child Restraint Devise §321.446 (A Scheduled Violation). Attorney Shawn Fitzgerald was able to secure a plea offer satisfactory to both client and state.

Notable Cases

Muscatine County AGCR057733 — PLEA ACCEPTED, CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was accused of Domestic Abuse Assault §708.2A(2)(b) (A Serious Misdemeanor). An initial plea offer stated the client would have to plead guilty as charged, attorney Shawn Fitzgerald worked for a better offer for his client. The client was able to plead guilty to an amended lesser charge of Disorderly Conduct §723.4(2) (A Simple Misdemeanor).