Legal Question in Criminal Law in Iowa

Re: Drugs found on owner property by tenant

I am not sure why Mr. Luedeman suggests that he and I disagree. I agree with what he said and I don't think he can argue that any part of my answer is incorrect.

This is a somewhat complex area of law which a simple answer cannot address in complete detail; he and I chose to provide different details but we are still describing the same picture. We also both reach the same result -- you may be a suspect and, depending upon what the jury decides happened, you could be convicted.

And I certainly agree that Wilshire Blvd. is far from Iowa. That's why I specifically recommended that you talk to several local attorneys. Mr. Luedeman sounds quite competent, and if he is in your vicinity you might want to talk to him first.

Re: Drugs found on owner property by tenant

Maybe. It is possible for two people to be in possession of the same drugs, especially when the drugs are found in an area within the control of both.

The police may believe you are innocent, but there is no way I can say whether they do or not. Even if they do think you were unaware of the drugs, they will probably still want to question you as a witness. This means that when they call, you will not know whether they suspect you or not.

You might want to start talking to some local attorneys so that you will have someone in mind to call if need be. You should also ask them whether they think you should have counsel with you when you talk with the police as a witness.

Good luck.

Re: Drugs found on owner property by tenant

With all due respect to my learned colleague Wilshire Bouelvard is a long way from Iowa. Under the recently announced decision Fullenwider v. State, 674 N.W.2d 73 (Iowa 2004) the issue of constructive possession is fully explored. The core of the question you pose would be if you had dominion and control over the places where the drugs were found (i.e., did your roommate have a padlock on the door of his room) and/or knowledge of their presence. If what you tell me is accurate it is a judgment call on the part of the prosecutor, and I would suggest that you retain counsel to protect your interests as soon as you can. Where are you located? I'm in Polk County.