Legal Question in Criminal Law in Iowa

Sherrifs came on to my private property in regards to a abandon vehical on the road in front of my place. I not only have a fence but also have no tresspassing signs clearly posted thou out property. This is not a residence @ current time I do have six out buildings and two campers the sherrifs proceeded to search four out buildings one camper. I was comming out of my barn door with my hands full when taken by compleat surprise to five or six guns pointed at me being told to put my hands up. Long story short they askd to search I refused they put me under arrest for driving while bared I never admitted to driving nor did they see me driving. they proceeded to search myself and my barn. No warrents or permission given. At surpression hearing the Judge allowed any evidence outside my barn and on my person. Has my fourth amendmitt right not been violated should this case not have been disregarded at my arainment hearring. now that this judge has allowed it to go thus far even thou sherrif admited to seeing signs & choose to ignor and proceed with out probibale cause or warrent. Im being offard a plea felony prohibit acts 18mo. suprvised probation. my attorney says that because the judge has ruled it ok for them to be on & illegally search no warrents that there is nothing we can do to get this ruling over turned but to take it to surpream court. I can not for the life of me understand how a judge can let my amendment rights be violated with such disregard to the fourth amendment. I cant beleave that this case has gotten this far. Please tell me am I S.O.L. What can I do to get this abalished and out of the courts asap?


Asked on 11/19/10, 1:50 am

2 Answers from Attorneys

Todd Miler Miler Law Firm

It is not possible or appropriate to answer your question upon just a reading of the paragraph that you have written. There are entirely too many important facts and proceedings to give an appropriate answer. Your attorney is the one that is familiar with the case. He is the one that you should be asking.

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Answered on 11/24/10, 5:33 am
Robert Luedeman solo practitioner

I agree with brother Miler-however, I would say that your lawyer is right about your only avenue being an appeal. Whether you believe it or not, your case is not going to get abolished or anything else.

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Answered on 11/24/10, 5:53 am


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