I-35 profiling in Iowa is getting more widespread. The legalization and decriminalization of weed in Washington, California, and Colorado have brought an influx of controlled substances right into the state of Iowa, as a result prompting law enforcement officials to begin unlawfully profiling on I-35. This is particularly true in the case of Colorado, where police force has been mainly aiming at automobiles with Colorado license plates. Law enforcements must have proper cause to pull you over, otherwise known as ‘reasonable articulable suspicion’ that you have violated the law, instead pulling someone over merely because he or she “looks like they might be smoking pot,” or “has a Colorado license plate.”
I-35 Profiling in Iowa Penalties
I-35 profiling in Iowa takes place often. As opposed to other states, Iowa still has some fairly serious penalties for the possession, trafficking, sale, and delivery of marijuana, which can generate strict prison sentences and fines in a state or federal court. Many factors come in play when determining the penalty for a marijuana or drug crime, such as: what classifications of drugs did the accused have on his/her person at the moment of arrest (what “Schedule” the drug falls under); what the amount of the substance was; if this was the accused’s first conviction; whether children were involved; etc. If sentenced, one must deal with a permanent criminal record, the inability to register for government assistance(e.g., welfare or food stamps) or to obtain student financial assistance. Not to mention the great inconvenience you may experience when getting employment later on, among a vast array of other inconveniences.
I-35 Profiling in Iowa Defense
I-35 profiling in Iowa is not really simple to establish. Drafting a defense for profiling alone may be the improper strategy if drugs were located on your person. What is more pressing is the probability of being convicted of possession, transportation, distribution, or a compound sentence like possession with an intent to deliver due to profiling on I-35.
If you are caught trafficking, then a lawyer could prove a lack of intent on your part, meaning you did not have the “guilty mind,” or criminal intent, necessary to bring about the offense. Lack of intent can result in a dismissal of the case. One angle, highly essential to interstate drug crime, is a Fourth Amendment violation, or the claim that police either performed the search for marijuana without a warrant or probable cause, which would suppress evidence. Fifth Amendment rights may have also been exploited by officers trespassing the defendant’s right to remain silent. But really, it depends upon how the court will charge you and what penalties you will encounter before your attorney can choose a winning tactic.
I-35 Profiling in Iowa Defense Attorney
Are you or a family member facing a conviction for drug crime because of I-35 profiling in Iowa? Such crimes are not taken casually by the state or federal investigators and prosecutors, and must definitely not be ignored by you either.