Marijuana Law – Keyed to Mikos
Iowa v. Bash
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Six police officers executed a search warrant in an apartment shared by Defendant, Patricia Bash, her husband, Kevin, and her three sons. The search warrant stated that the officers were searching for controlled substances and a safety deposit box. The officer’s testimony and Defendant vary. The officer testifies that once the officer read the warrant, Defendant told the officer she could show him where the contents of the search was located. After, the officer testified that he followed Defendant into the master bedroom, where Defendant told him the “it’s on his nightstand in a cardboard box, that it’s Kevin’s stuff, that’s his bong . . . was sitting on the floor next to the bed.” The Defendant’s testimony, however, indicates that Defendant stated “[i]f there is anything here, it would be on Kevin’s side of the bed.” The officer found 1.37 grams of marijuana in the cardboard box. Defendant further testified that she did not know the marijuana was in the box until after the officer opened it. Nevertheless, she admitted that Kevin had previously left marijuana in the box. Defendant was found guilty of possession of marijuana. Defendant appeals on the grounds that the government failed to prove that the marijuana was in her control.
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