Question
Actus reus: Six Spirit Lake, Iowa, police officers executed a search warrant at an apartment shared by Bash, her husband Kevin, and their three sons.
Actus reus:
Six Spirit Lake, Iowa, police officers executed a search warrant at an apartment shared by Bash, her husband Kevin, and their three sons. The warrant authorized the police to seize controlled substances and a safety deposit box. The officers arrested Kevin and removed him from the home. The defendant stated that she could "show [the police] where the stuff is." One of the officers followed Bash into the master bedroom where she told the officer that "it's on his nightstand in a cardboard box, that it's Kevin's stuff, that his bong . . . was sitting on the floor next to the bed."
Bash's version was somewhat different. She testified that when questioned, she stated that "[i]f there is anything here, it would be on Kevin's side of the bed." She pointed toward his nightstand, which was on the left side of the bed.
On Kevin's nightstand, the officers found a cardboard box bearing the word "Friscos." Inside the box, they found 1.37 grams of marijuana. Bash claimed that she "did not know what was in the box until after the officers opened it. However, she admitted that she knew there had been marijuana in the house, in the box, in the past."
Bash was charged with possession of a controlled substance. She was convicted and sentenced to a 30-day suspended sentence with credit for time served and a $250 fine.
Was Bash guilty of possession of a controlled substance?
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