You cannot always control what your family, friends, or roommates bring to the car, shared property, or home that you own. But what’s your responsibility to stop them – and could you get in trouble?
The short answer is yes. If someone brings drugs into your home, you could get in trouble.
Below you can find general information about drug possession laws, which vary by state, but keep in mind that none of them should be considered legal advice. If you are concerned about a roommate, family member, or friend bringing drugs into your home, contact a criminal defense attorney to discuss your options.
The police need a reason to investigate you
For the police to ask questions, enter your home, or search your car, they need to first possible cause That something illegal happens. If they search your home or property without reason, you can pay in court to get the evidence they found.
The basics are:
- You have the right to say, “I do not agree with the research.”
- You can ask, “Why are you pulling me?” Or “Why are you at my house?”
- You cannot always stop them From searching for you or in your car or your home
You have civil rights against unlawful searches and seizures. Learn more about your rights in:
If you are arrested for medication that is not yours
Suppose law enforcement finds drugs on your property, but not yours. Where to find the drug is important. The government will build a case against you depending on whether they believe the facts indicate you have “constructive possession” of drugs.
The law of constructive possession can vary by jurisdiction, but it basically means that you have the right to exercise physical control over drugs and that you know you have that right.
In other words, you could still be arrested for a reason Property And you are found guilty, even if you were not using or taking drugs with your person at the time of your arrest.
If you are near drugs, you may be arrested or issued with a ticket to appear in court if law enforcement does not believe the drugs are not for you.
If you are arrested, you have the right to say that you need a lawyer and Keep quiet About the situation. Do not resist arrest. Remember, you do not have to provide any information that the prosecution could use against you or accept a file Call Deal until you talk to a lawyer.
In some jurisdictions it is possible that the homeowner or the car owner cannot be arrested in this case but a violation will still be issued. You can also be signed with a ticket for being on a lease or partial lease the owner of real estate Even if you were not at home when the accident occurred.
Prove that the medicines are not yours
The best time to explain your side of the story is the first time you speak with your attorney.
When anything illegal happens, the person who directly controls the vehicle or property will be held liable. This is similar to … Laws of “social host” For minors drinking or drunk driving people from your home.
Police may view home or car owners as suspects unless they can prove:
- Other people can access their home or car
- They couldn’t know there were drugs
- The drug belongs to someone else
The location of the property in the home or car, such as the passenger’s side in the back seat, could indicate that it is more likely to belong to a passenger or roommate.
In a criminal case, the government will try Prove the offense beyond a reasonable doubtSo any evidence that raises suspicion is the key to the criminal case.
What do I do if someone else brings drugs into my home or car?
Option 1: Call the police
You can call the police and ask them to break up the party if you feel you cannot control the situation. This has its risks, so you should weigh the pros and cons.
Option 2: Inform the police of the drug’s owner
You may feel that the best option is to take a photo, point to the person in possession of the drug, and give the police their information. But there is no guarantee this will keep you out of trouble.
This may be a correct choice if your attorney advises you to do so. However, the police often hear a defense that ‘drugs are not mine’. The government may not believe you or think that you are aware of the drugs because you know who brought them.
Option 3: telling someone that they cannot have drugs in your home
Another option is to make it clear that nothing illegal can happen to your car or home because you will be the one who gets into trouble.
You can ask the person you suspect to have drugs to leave.
People are obligated to leave your property when you ask for it, otherwise it will be Infringement. You could consider recording yourself on camera and asking everyone to stop or leave your belongings.
What if I stay calm about getting medication into my home or car?
It can be uncomfortable to talk about drug use by another person. But being around drugs or having them in your home or car can lead to significant legal risks.
Contact an attorney if you find drugs in your furniture, drawers, or home later. Getting rid of it yourself carries risks, so your safest option is to contact an attorney first.
Illegal drugs in your home or car are incredibly risky. Hosts can take responsibility for illegal activities – so be prepared for any scenario.