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Possession of Drug Paraphernalia by Proxy

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  • 05-13-2010, 10:07 AM
    pullin12s
    Possession of Drug Paraphernalia by Proxy
    My question involves criminal law for the state of: Virginia

    My nephew was recently arrested when he was standing outside of a hotel room he had rented in his name, and a woman in police custody for petit larceny stated her purse was in his room. When asked if he was open to being searched he replied he was fine with that and had no illegal items on him at all. When asked if they could retrieve her pocketbook he said that was fine too. All of this took place while he was outside of a room they never saw him in, but he admitted was rented in his mane. Once the police had the pocketbook in their possession it was searched and drug paraphernalia was found inside. He was ultimately charged because they said he had access to the item.

    Does any of this sound strange? Could someone suggest a case I could possibly research for similarities?
  • 05-14-2010, 07:39 PM
    Mr. Knowitall
    Re: Possession of Drug Paraphernalia by Proxy
    Presumably the prosecutor believes he can prove that your nephew knew that the paraphernalia was in the purse. Perhaps he and the woman were "partying" before the arrest?
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