Drug Possession: My Son Was Living at His Girlfriends Apt. for About 2 Months, 2 Other People Were Staying There Also . the Onl?
Question by forever late: my son was living at his girlfriends apt. for about 2 months, 2 other people were staying there also . the onl?
the only one on lease was girl friend, the house was raided for drugs , most of the drugs were from one of the other guys who stayed there, the 3 guns were theres also, the were not at the raid, the warrant had girlfriends name only she is still in jail facing prision,now i here da is filing same charges on my son. the 4th amendment comes to mind, any advice?
Best answer:
Answer by Citicop
The 4th amendment means that the police needed a warrant to enter the house.
I bet they had one if it was a raid. Your son lived there, he can be charged and convicted.
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This is not a Fourth Amendment issue, unless you want to challenge the cause for the warrant. The fact they found drugs and guns tells me the warrant is solid.
There is a legal principle called “constructive possession”. If there is something illegal found, and you are in charge of the property, you are considered in possession.