Legal Question in Criminal Law in Iowa

Ephedrene purchase as probable cause?

Recently three local individuals were arrested with intent to manufacture methamphetamine. The vehicle they were riding in was stopped by a deputy after receiving a report from a convienence store clerk that the three had just purchased a ''large amount of ephedrene.'' In this state, ephedrene can be only be purchased in certain stores and only 1-2 bottles at a time. The three had all gone in at once and each purchased 2 bottles of ephedrene. After being stopped, the driver did consent to the deputy's search of the vehicle. The deputy found lithium batteries, drain opener,the pills and arrested them. So, my curiousity is killing me and my question is: Can the ephedrene purchase be used as a probable cause for the deputy to stop the vehicle? I wouldnt think so, because it's not illegal to buy it over the counter, even if it is limited. Other than the phone call, the deputy had no reason to stop the vehicle (he admitted that). Any answers or opinions will be greatly appreciated- Thanks!


Asked on 4/09/02, 7:06 am

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Ephedrene purchase as probable cause?

The answer to this question will depend on Iowa state law and decisions of that state's supreme court. I am licensed only in Montana and cannot give you any advice other than that you should seek counsel in Iowa to obtain advice on that question. Your assessment may be correct, but then again Iowa law might say otherwise. Do consult with a reputable, knowledgeable criminal defense attorney in your state. Good Luck.

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Answered on 4/09/02, 12:43 pm


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