Visitor answer
27 April 2013
Everyone gets charged
Joe
The question
If the police come to a house to do a house check on someone in the house that is on probation, and in the process of this find drugs in a box that is in a storage room, and their are four people in the house at this time. One of which is the owner of the house. Who can if any one can get charged with drug possession?
From the LawyerCentral forum archive. Originally posted 22 March 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
2 answers
Visitor answer
2 May 2013
To answer your question, I believe everyone in the house can be arrested if no one takes responsibility for the drugs they found. In court, it may depend on the grounds for the search and the terms of the resident's probation. If a condition of the probation is a consent to random house searches, then there may not be much anyone can do. This is something you may want to talk to a lawyer about.
Things might get complicated for the person on probation. If they found drugs in a house you live in, under the doctrine of constructive possession ( (removed) ), regardless of whether that person legitimately knew about them or not, could be a violation of the terms of their probation.
I'm not an attorney. I think speaking with a criminal defense lawyer near you would be a smart move. They would be able to tell you about your state's possession laws and correlate them with the details of that person's probation.
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