Illegal Drug Possession: No Warrent to Search a House…?
Question by Baby_Nurse: No Warrent to search a house…?
I just found out today that my husband was arrested…the crime he did was so unlike him…this is so horrible…when the cops came by they didnt ask to search my house but I offered. They found a pipe in my husbands drawer. They didnt really check the whole house and told me i needed to search my house and if i found anything else to let them know. They said If anything was to be found in my house if they had to come back that it would be on me. I have searched and found nothing…I am concerned though, because I cant be sure that I have looked everywhere..I dont think like an addict. If they come back would this really be put on me…or could he take blame..I just dont see the fairness when a wife has no idea the drugs are in her house, has never broken the law or done drugs herself, why should anything be on someone who knows nothing about this? Can someone explain the laws to me?
Best answer:
Answer by Zach
They are probably trying to scare you. If you can prove you didn’t know the drugs were there if they come back with a warrant, they don’t have a leg to stand on and it’s doubtful a prosecutor would take the case. They have to prove you knew the drugs were there.
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More Illegal Drug Possession Information…
Some police bully people to get what they want. You should not have allowed them in without a warrant. You are not responsible to search for them. They are feeding you a lot of crap.
I’m assuming you are in the US. I don’t know what limitations there are in other countries.
I’d start talking to an attorney if I were you. You need to get the limits straight.
All laws differ depending on your location. Never ever allow the police to search anything ever without a warrant. That’s mandatory. I don’t see how that could stick to you and Im sure that you would win in court if they tried to press charges. Also im hoping that your man would take the blame for his own problems and not drag you through the mud. If you happen to find anything in your home or around it throw it away. Do not report it to the police. You never ever know which way that can go because at the time they received the paraphernalia or drugs you where the one in possession. Make sure that next time they come back (and Im sure they wont! Its a scare tactic) that they do have a warrant. Also make sure the warrant is for your premises. Its not fair. The law is a horrific web that will catch anyone guilty or innocent. They will stack charges for the same crimes adding up to some ridiculous amount and just let the defendant “deal” with the DA and hope for the least amount of time. I wish you luck and I wish your man recovery! Hang in there!
There is a legal principle called “constructive possession”. If something illegal is found in an area you have control over, and you have knowledge or should have known it was there, you can be charged.
The key here is they need to prove you knew about it, or should have known. Simply finding it is not enough, or they would have arrested you the first time.