Charged With Possession With Intent to Deliver After Search of Home

My question involves criminal law for the state of: massachusetts

Hello. I have a few questions and not sure if this is the right forum.
So my house was raided and they presented a warrant. The warrant was for another person that was in my house and there name was on it and not mine. The police came in my house and cuffed me and the other party, they proceeded to searxh his room which was in the basement, they asked which room was mine upstairs and I told them and they proceeded to search it. They said they found empty packaging that resembled the packaging that was used for drugs which was a lie, they found a ledger that was over a year old that simply had names with numbers next to them. They charged me w/ intent to distribute for this the same charhes they charged the other party with. My mothers room is next to mine upstairs and they did not search hers. Did they have a right to search my room? They also confiscated my cell phone. A computer and a sum of cash that was legitimate money that I have paystubs for and a tax return receipt for. My mom came home during the sesrch and they would not let her in the house until after the search was over which I heard is illegal because who says they couldnt of planted stuff in there. The other party is going to write a statement saying I had no involvement in any of this. Will this matter? Ps one of the arresting cops son is going around telling people about what happened and specific info about the case which obviously his father told him is that illegal? Thanks in advance.

We do not know what the terms of the warrant outlined.

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Quoting ilomo77

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they asked which room was mine upstairs and I told them and they proceeded to search it. They said they found empty packaging that resembled the packaging that was used for drugs which was a lie,

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You’re saying it’s a lie that they found the packaging?...or it’s a lie that it resembled drug packaging?

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Quoting ilomo77

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Did they have a right to search my room?

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That would depend on where the warrant authorized them to search, if there were any exigent circumstances that would allow them to search beyond the limits of the warrant, or if you made some statement that could be interpreted as granting permission for the search.

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Quoting ilomo77

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My mom came home during the sesrch and they would not let her in the house until after the search was over which I heard is illegal because who says they couldnt of planted stuff in there.

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You heard wrong. The police have authority to control the scene, including who enters and/or exits, while conducting a warrant search.

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Quoting ilomo77

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The other party is going to write a statement saying I had no involvement in any of this. Will this matter?

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Maybe. It will depend on the evidence that points to your culpability in the crime and the whether the prosecutor believes that evidence overcomes the claims of a co-defendant.

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Quoting ilomo77

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Ps one of the arresting cops son is going around telling people about what happened and specific info about the case which obviously his father told him is that illegal?

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Probably not. The information the son is spreading could well be a matter of public record. Without knowing the specific information and how it was acquired, it is difficult to say.

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Quoting ilomo77

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They said they found empty packaging that resembled the packaging that was used for drugs which was a lie, they found a ledger that was over a year old that simply had names with numbers next to them.

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You're not claiming that the ledger was something other than a record of drug sales you had made?

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Quoting ilomo77

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They charged me w/ intent to distribute for this the same charhes they charged the other party with.

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So they also found drugs in the house. How much and where?

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Quoting ilomo77

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Did they have a right to search my room?

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Maybe. It depends on the content of the warrant, and the evidence they found after entering the home pursuant to the warrant, along with any statements you made or (if applicable) permission you granted.

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Quoting ilomo77

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They also confiscated my cell phone.

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That's not a surprise. Was that pursuant to the warrant, or incident to arrest?

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Quoting ilomo77

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A computer and a sum of cash that was legitimate money that I have paystubs for and a tax return receipt for.

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If they seek forfeiture against the cash, you can attempt to prove that it was not derived from drug sales.

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Quoting ilomo77

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My mom came home during the sesrch and they would not let her in the house until after the search was over which I heard is illegal because who says they couldnt of planted stuff in there.

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You need to stop getting legal information from the village idiot. Obviously the police can keep people from entering premises that they're in the process of serving. As for the wild notion that the police might plant evidence... in the room they didn't search... seriously?

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Quoting ilomo77

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The other party is going to write a statement saying I had no involvement in any of this. Will this matter?

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That depends on the evidence. You can discuss that offer with your lawyer.

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Quoting ilomo77

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Ps one of the arresting cops son is going around telling people about what happened and specific info about the case which obviously his father told him is that illegal?

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No. The fact that your home was searched and that contraband was found is a matter of public record. If the officer was sharing information that was not supposed to be available to the public you can discuss with your lawyer whether any department policies may have been violated and, if so, whether you want to complain to the P.D., but that's not going to make the charge go away.

[QUOTE=PTPD22;695578]You’re saying it’s a lie that they found the packaging?...or it’s a lie that it resembled drug packaging?



It is a lie they found the packaging but it is obviously there word against mine but I remember now in the police report they took pics of everything but there was not pics of the "packaging" they found in my room but there was also no pic of the ledger either.


They did not ask permission to sesrch my room.

On the warrant it says You are also commanded to search any person present who maybe found to have such property in his or her possesion or under his or her control or to whom such property may have been delivered.

The only evidence they have against me is empty packaging(that was a lie anyways)with no reue or anything it only resembled the same packaging the other drugs came in and a ledger with names and numbers. I just dont see how they had a right to search my room and confiscate my stuff as they did not search or confiscate my mothers stuff and we were both in the same position and had no involvement in the package that came or what else was going on. I should not have even been home at the time I just happened to get out of work early that day.

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The ledger did not say anything even close to recording drug sales or anything of the matter it had names and numbers the ledger months old not that it matters. Let me explain more I guess I just dont wanna give to much info. A package was delivered to a party in my house that contained drugs. The package was in the partys name and he signed for it a few minutes later police came knocking on the door and issued the warrant. They cuffed me and the other party and searched both of our rooms. I had no involvement in the package or selling. They searched my room and found empty bags which is a lie and the ledger they booked me on the same charges as the other party. They confiscated my money laptop and cell phone, with the only evidence being the two things I listed. Like I mentioned I have stubs and receipts proving my money.

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Also forgot to mention they found the MJ in the other partys room it was around 16 ounces.

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Im just saying they have next to no evidence against me and along with a statement from the other party ststing I had no involvement isnt enough to get the charges dropped? If I brought it to trial what could they have against me? Empty packaging which is false and an old ledger with names and numbers next to them it just seems farfetched theyd be able to bring me down with that little of evidence.

Well, you make two statements that are obviously intended to imply a statement of innocence. You say, “we were both in the same position and had no involvement in the package that came or what else was going on” and “I had no involvement in the package or selling.” Both of those statements are obviously equivocal and, to my cynical mind, intentionally disingenuous. But, whether you are actually guilty of drug dealing or not is not important to your questions. My only point here is: if I can just read your posts, telling nothing but YOUR side of the story, and still have strong suspicions that you are guilty as hell, how skeptical are the cops who investigated and the prosecutor who read the reports of the investigation going to be?

But, that is neither here nor there…let’s get to your questions. As to the legality of the search of your room, you still don’t provide enough information to provide an educated opinion. You say they never asked for permission and give one sentence from the warrant. That one sentence obviously gave them authority to search YOU, but not necessarily your room. However, what ELSE did the warrant authorize? Did it say something like, “you are authorized to search the building (or “residence” or “dwelling” etc.) located at 123 Main St.”? Or, did it specify something like, “only those areas of the building under the exclusive control and dominion of Joe Dopedealer”? If it was the former, the search of your room was included in the warrant and your room was fair game. If the later, you MAY have an argument to exclude what was found in your room.

As to whether the evidence you say they have against you justifies your arrest…well, you claim all they have is some “packaging” and a “ledger.” But, is that REALLY all they have? Remember, the police investigation was going on before they showed up at the door with a warrant…likely MONTHS before. They collected enough evidence BEFORE the search to convince a judge that there was probable cause to issue the search warrant to search for MORE evidence. After all, it sounds pretty obvious that the cops already knew what was in the package that was delivered and set up the delivery as part of the raid! So, ask yourself, what evidence might they have from that initial investigation that showed your involvement in your housemate’s drug dealing operation? Did you accompany him while he made deliveries? Did you accept payments or otherwise handle money from the dope deals? Had you accepted or handled prior “packages” that were delivered to your home? Did you facilitate introducing your housemate to potential buyers or suppliers? Were you present while he was selling, growing, packaging, transporting, etc.? Might the cops have pictures, video, audio, witness testemony, fingerprint evidence, etc., implicating you from these prior activities? Do you see where I’m going with this?

But, let’s stick to the evidence you know about. First the packaging. I’m assuming we are talking about those little mini plastic baggies that dope dealers seem to love so much. Possibly decorated with marijuana leaves, yellow smillie faces, playboy bunnies, etc.? Now, I’ve been around the block a few times, have more years in my past than I do in my future, and have about 20 years in law enforcement. Now, in all that time, I have only ever known those little mini baggies to be used for two things. The first thing is that I know jewelers use them to package loose precious stones (but, they use clear ones, not ones stamped with playboy bunnies!). Those stones are small, easy to drop and bounce/roll away under the counter somewhere, and quite valuable. So, it makes sense to keep them contained. The only other use I have ever heard about is…to package drugs. So, if those were found in your possession…are you a jeweler??? Further, were there similar baggies found actually being used to package drugs in your housemate’s space?

Now, let’s move on to the ledger. You repeatedly state that all this ledger contained was “names and numbers.” Well…that’s pretty much all ANY ledger, including those documenting drug sales, has in it! Now, if it was just a list of acquaintances with their telephone numbers, I strongly suspect that you would have already stated that in your previous posts and would refer to the document as a “phonebook” rather than as a “ledger.” So, who’s names are in this ledger? Buyers and/or suppliers of your housemate’s drug business? Some of whom the police are likely already aware of as such? Some of whom have likely already been turned as informants? What about the “numbers?” Do they document product weights and money received and/or owed? If so, such a document found in your possession (and, likely in handwriting that can be matched to known examples of your own?) is extremely damning evidence of your active participation in the drug business!

So, to answer your questions…

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Quoting ilomo77

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Im just saying they have next to no evidence against me and along with a statement from the other party ststing I had no involvement isnt enough to get the charges dropped?

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As I’ve already pointed out, the evidence against you is likely quite a bit more than “next to no.” And, the statement from the “other party” is going to have to overcome that evidence against you to have any weight. So, no, I don’t think the charges are just going to get “dropped.”

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Quoting ilomo77

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If I brought it to trial what could they have against me?

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Already answered…and I could well have only touched the tip of the iceberg.

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Quoting ilomo77

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Empty packaging which is false and an old ledger with names and numbers next to them it just seems farfetched theyd be able to bring me down with that little of evidence.

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Again, the evidence doesn’t seem to be “little.” So, no, it doesn’t seem farfetched at all that they could “bring you down.” You need to quit lamenting about how unfair it is that you got caught, quit grasping at straws that the cops don’t have enough evidence, and face the fact that you need to work with your lawyer to make the best deal for yourself you can…this isn’t just going to go away!

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Quoting PTPD22

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Well, you make two statements that are obviously intended to imply a statement of innocence. You say, “we were both in the same position and had no involvement in the package that came or what else was going on” and “I had no involvement in the package or selling.” Both of those statements are obviously equivocal and, to my cynical mind, intentionally disingenuous. But, whether you are actually guilty of drug dealing or not is not important to your questions. My only point here is: if I can just read your posts, telling nothing but YOUR side of the story, and still have strong suspicions that you are guilty as hell, how skeptical are the cops who investigated and the prosecutor who read the reports of the investigation going to be?

But, that is neither here nor there…let’s get to your questions. As to the legality of the search of your room, you still don’t provide enough information to provide an educated opinion. You say they never asked for permission and give one sentence from the warrant. That one sentence obviously gave them authority to search YOU, but not necessarily your room. However, what ELSE did the warrant authorize? Did it say something like, “you are authorized to search the building (or “residence” or “dwelling” etc.) located at 123 Main St.”? Or, did it specify something like, “only those areas of the building under the exclusive control and dominion of Joe Dopedealer”? If it was the former, the search of your room was included in the warrant and your room was fair game. If the later, you MAY have an argument to exclude what was found in your room.

As to whether the evidence you say they have against you justifies your arrest…well, you claim all they have is some “packaging” and a “ledger.” But, is that REALLY all they have? Remember, the police investigation was going on before they showed up at the door with a warrant…likely MONTHS before. They collected enough evidence BEFORE the search to convince a judge that there was probable cause to issue the search warrant to search for MORE evidence. After all, it sounds pretty obvious that the cops already knew what was in the package that was delivered and set up the delivery as part of the raid! So, ask yourself, what evidence might they have from that initial investigation that showed your involvement in your housemate’s drug dealing operation? Did you accompany him while he made deliveries? Did you accept payments or otherwise handle money from the dope deals? Had you accepted or handled prior “packages” that were delivered to your home? Did you facilitate introducing your housemate to potential buyers or suppliers? Were you present while he was selling, growing, packaging, transporting, etc.? Might the cops have pictures, video, audio, witness testemony, fingerprint evidence, etc., implicating you from these prior activities? Do you see where I’m going with this?

But, let’s stick to the evidence you know about. First the packaging. I’m assuming we are talking about those little mini plastic baggies that dope dealers seem to love so much. Possibly decorated with marijuana leaves, yellow smillie faces, playboy bunnies, etc.? Now, I’ve been around the block a few times, have more years in my past than I do in my future, and have about 20 years in law enforcement. Now, in all that time, I have only ever known those little mini baggies to be used for two things. The first thing is that I know jewelers use them to package loose precious stones (but, they use clear ones, not ones stamped with playboy bunnies!). Those stones are small, easy to drop and bounce/roll away under the counter somewhere, and quite valuable. So, it makes sense to keep them contained. The only other use I have ever heard about is…to package drugs. So, if those were found in your possession…are you a jeweler??? Further, were there similar baggies found actually being used to package drugs in your housemate’s space?

Now, let’s move on to the ledger. You repeatedly state that all this ledger contained was “names and numbers.” Well…that’s pretty much all ANY ledger, including those documenting drug sales, has in it! Now, if it was just a list of acquaintances with their telephone numbers, I strongly suspect that you would have already stated that in your previous posts and would refer to the document as a “phonebook” rather than as a “ledger.” So, who’s names are in this ledger? Buyers and/or suppliers of your housemate’s drug business? Some of whom the police are likely already aware of as such? Some of whom have likely already been turned as informants? What about the “numbers?” Do they document product weights and money received and/or owed? If so, such a document found in your possession (and, likely in handwriting that can be matched to known examples of your own?) is extremely damning evidence of your active participation in the drug business!

So, to answer your questions…



As I’ve already pointed out, the evidence against you is likely quite a bit more than “next to no.” And, the statement from the “other party” is going to have to overcome that evidence against you to have any weight. So, no, I don’t think the charges are just going to get “dropped.”



Already answered…and I could well have only touched the tip of the iceberg.



Again, the evidence doesn’t seem to be “little.” So, no, it doesn’t seem farfetched at all that they could “bring you down.” You need to quit lamenting about how unfair it is that you got caught, quit grasping at straws that the cops don’t have enough evidence, and face the fact that you need to work with your lawyer to make the best deal for yourself you can…this isn’t just going to go away!

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When I said "we" I was referring to me and my mom, not me and the other party. If they did have an ongoing investigation from months before great, because thentthenthat does prove my innocence I have never touched a package thats been sent here or been near any of the deals or touched any dirty money.

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The warrant says you are commended to search "my address" and then under it but all included under the same check mark "which is occupied or in possession of "other party".
And then a seperate check mark that says on the person or in possession of "other party"

As I said the ledger is old an example of a few lines that were probably in it as I said it was old so I dont remember exactly
Lagr 520
Kc 600
Emi 1000
Thats all the ledger would of said.

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As I said anyways ptpd22 there was no packaging in my room that was a lie in the police report my mom cleans my room every saturday and has a bad case of ocd and she said it woukd have been impossible because she thoroughly cleaned my room the saturday before this happened and did not see any "packaging"

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Also ive talked to a good friends family friend that was an assistant DA for the county im living in for 16 years specialized in gang drug and gun related cases and he seems to strongly think I have nothing to worry about. But i dont know in my post where I put I just seem to think all of this is just going to go away? I dont remember saying that

I have to ask... is this you? If so, did you ever find that "legit" lowryder seed dealer you were seeking?

So far you haven't told us (a) that the ledger is not, in fact, a record of drug deals, (b) that the police are incorrect in their inferences about the packaging they found, or (c) you didn't know that your buddy was involving your home in the drug trade.

You say the drug packaging wasn't in your room. Where did the police actually find it?

You say "I have never touched a package that's been sent here or been near any of the deals or touched any dirty money". Should we infer from that, that you knew what your buddy was doing out of your home? Did you ever tell your mother, "My buddy is dealing drugs out of our house"?

For the record, if somebody were to ask me how I knew I never had drug packaging in my room I would answer, "Because I've never had drug packaging in my room," not "Because my mom would have found it."

Actually no, no that is not me. I came here for help and all I got was questioned like the posters here are the police. No need to respond to this thread anymore I got all the answers I need thank you though.

Ok...so you did not touch a package..

BUT...YOU KNEW the other person was dealing drugs. That alone makes you an accessory.

It can also make your mother an accessory.

If it is your mom's home....best to cooperate with the cops. Or you may have mom kicked out of her home since she let drug dealers live there. Yep, damn, but that can happen. Mom can even be charged since she was letting two drug dealers deal from her home. And yes, she can lose her home.

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Quoting ilomo77

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Actually no, no that is not me. I came here for help and all I got was questioned like the posters here are the police. No need to respond to this thread anymore I got all the answers I need thank you though.

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Which I'll accept as your way of confirming that your ledger did record drug sales, and that you knew your buddy was selling drugs out of your home. Thanks for clearing that up.

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Quoting PandorasBox

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BUT...YOU KNEW the other person was dealing drugs. That alone makes you an accessory.

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No, mere knowledge that somebody else is dealing drugs doesn't make you an accessory. But given the other facts shared here, even if we assume the baggies weren't in the OP's bedroom as the police claim, there's a lot of circumstantial evidence pointing toward something more than "I knew and turned a blind eye".