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Marijuana Law – Keyed to Mikos
Iowa v. Henderson
Facts
Deputy Robert Aspleaf of Woodbury County served a writ of removal and possession at Argilee Henderson’s apartment, Defendant. Aspleaf was required to remove the defendant and her possessions from the apartment, as well as to place the landlord in possession of the premises. When Aspleaf arrived at the residence, he brought the landlord and three helpers. Aspleaf knocked on the door, however, no one answered. The landlord attempted to open the door with the master key, however, it did not work because the door was locked from the inside. After, a helper kicked the door open, which revealed that Defendant was standing on the other side of the door. Defendant protested. Nevertheless, the landlord and the helpers began to pack up Defendant’s belongings. Aspleaf tried to calm Defendant down, but she escalated the situation by pushing on of the helpers who was packing her electronic components. When Defendant was informed that she was under arrest, Defendant retreated to the only bedroom in the apartment and slammed the door. Aspleaf followed her and placed Defendant under arrest for interference with official acts. Aspleaf found contraband, including marijuana, methamphetamine, a “pot pipe” with pieces of a blunt, a homemade pipe. Aspleaf testified at Defendant’s trial that another woman, Lisa Williams, was present during the execution of the writ. Aspleaf stated that Williams was cooperative the entire time, and Williams told him that she had only been staying at the apartment for a few days and the drugs were not hers. Additionally, Aspleaf testified that both Williams and Defendant had prior marijuana convictions.
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