State v. Rudd

HARRIS, Justice.

Defendant Tawniece Kim Rudd was convicted on two counts of simple possession of a controlled substance (heroin and cocaine) in violation of Iowa Code section 204.401(3) (1987). The two questions raised in her appeal concern the State’s claim that she had constructive possession of the substances. First, was there sufficient evidence to make out a jury question on the issue? Second, was the jury properly instructed on the question? We think the answer to both questions is yes.

Davenport police executed a search warrant for a residence believed to be a place for drug trafficking.…