Iowa v. Bash
Iowa Supreme Court
670 N.W.2d 135 (2003)
When police executed a search warrant at Patricia Bash’s (defendant) home, Bash directed the officers to the nightstand on her husband’s side of the bed. The police found a cardboard box containing marijuana on the nightstand. Bash denied knowing that marijuana was in the box, although Bash admitted that she was aware that her husband had kept marijuana there previously. At trial, Bash admitted that she could have physically disposed of the box or its contents, but Bash also said that she did not have the right to do so because the box belonged to Bash’s husband. Bash was convicted of possession of marijuana and appealed, claiming that the government (plaintiff) did not prove that she controlled—and therefore possessed—the marijuana because it belonged to Bash’s husband.
Rule of Law
Holding and Reasoning (Lavorato, C.J.)
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