Legal Question in Criminal Law in Iowa

search incident to arrest

March 2003 I was arrested for Possession with intent, OWI, and drug stamp. The passenger was arrested, cuffed, and placed in the back of the police car, and then they did a search incident to arrest. According to Arizona V Gant the US Supreme Court ruled on April 21, 2009 that when the person was already cuffed and in the back of the police car they could no longer do a search incident to arrest and would have to get a warrant. What can I do to get my case cleared and to get compensation for the time I was in prison due to an illegal search?


Asked on 5/27/09, 11:10 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: search incident to arrest

You start by filing an application for post conviction review.

Whether Gant is to be applied retroactively is questionable but in any event that matter was not addressed. In addition the decision seems to be pretty fact specific. Iowa does not compensate people for time spent in prison, particularly if they were convicted under then existing law.

You say the passenger was placed in the squad car. Where were you?

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Answered on 5/27/09, 12:44 pm


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