Iowa v. Cashen
Iowa Supreme Court
666 N.W.2d 566 (2003)
- Written by Patrick Speice, JD
Facts
Ross Cashen (defendant) was riding in the back seat of a car occupied by six people. Three other people were in the back seat with Cashen, including Cashen’s girlfriend, who was seated on Cashen’s lap. During a traffic stop, the police found a small bag of marijuana in the back seat near where Cashen, his girlfriend, and the others were sitting. The police also found cigarette rolling papers and a lighter in Cashen’s possession and rolling papers and additional marijuana in Cashen’s girlfriend’s possession. Cashen did not behave suspiciously during the stop or smell like he had recently used marijuana. Cashen initially denied knowing about the marijuana in the back seat but subsequently told police that it belonged to his girlfriend. Cashen’s girlfriend admitted that the marijuana was hers. Cashen was convicted of possession of a controlled substance and appealed, arguing that the evidence did not prove that Cashen constructively possessed the marijuana.
Rule of Law
Issue
Holding and Reasoning (Streit, J.)
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