State v. Horton

REYNOLDSON, Justice.

On February 3, 1974, members of the Waterloo police department executed a search warrant at defendant’s Cedar Falls home. While the warrant specified heroin (see § 751.5, The Code), the only controlled substance found was a quantity of marijuana. The search also produced a kilo scale, two “dime bags” and some “nickel bags” of marijuana, a plastic bag of “poorly manicured” marijuana, germinating marijuana seeds, a mortar and pestle, and other items. No roach clips, roach pipes, papers or other smoking paraphernalia were found. There was no odor of marijuana in the premises.

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