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STATE v. ELDRIDGE

No. 97-1275.

590 N.W.2d 734 (1999)

STATE of Iowa, Appellee, v. Charles O. ELDRIDGE, Appellant.

Court of Appeals of Iowa.

January 27, 1999.

Attorney(s) appearing for the Case

R. Allen Corzine of Pieters, Pieters & Corzine, Waterloo, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brad Walz, Assistant County Attorney, for appellee.

Heard by SACKETT, C.J., HUITINK, J., and PERKINS, S.J., but decided by SACKETT, C.J., and HUITINK, STREIT and VOGEL, JJ.

HUITINK, J.

Charles Eldridge appeals from his convictions for possession of marijuana. We reverse and remand.

I. Background Facts and Proceedings.

On February 11, 1997, police officers executed a search warrant at the Charles Finch residence in Waterloo. The warrant authorized police to search "... Finch and any other persons located at the residence...." Because Eldridge was in the Finch residence at that time, he was searched. Eldridge was...

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