Legal Question in Criminal Law in Iowa

Search and Seizure (Criminal)

My brother is staying between my house and his wife's due to marital issues.

She filed a No Contact Order and he was served at my house. Well the next day, The same officer and 3 other was at my door with a search warrant for my home in my brother-in-law's name. With the officer stating that my brother in law smelt of marijuana. Can this be done legally?

Here is the thing... I called to advise that the officer was on his way and brother in law, NO WAY smelt of marijuana. So I know it was BOGUS prob. cause. Wouldn't they search someone's person if they smelt it instead of coming back the next day with a warrant for someone else's home?

When The officer served brother in law, He advised of his address and stressed that he did not live at my home.


Asked on 3/26/09, 8:26 pm

2 Answers from Attorneys
Todd Miler Miler Law Firm

Re: Search and Seizure (Criminal)

There are three issues. The search warrant application that the officer submitted will need to be analyzed but, first, the Iowa Supreme Court has never directly addressed the issue of whether the smell of marijuana alone is enought to justify probable cause to search. They have always said that there needs to be something in addition to the smell. Second, just because your guest may have smelled like marijuana one day, does not establish probable cause that marijuana will be found on him or at your residence at some later date. Finally, the warrant application would need to establish some connection between the alleged criminal activity and the location or people to be searched.

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Answered on 4/02/09, 4:59 pm
Robert Luedeman solo practitioner

Re: Search and Seizure (Criminal)

Did they find anything? That's really the question.

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Answered on 3/26/09, 8:39 pm


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