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Can My Wife Be Charged for Paraphernalia During My Probation Search

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  • 10-31-2009, 07:36 PM
    Ptown
    Can My Wife Be Charged for Paraphernalia During My Probation Search
    My question involves search and seizure law in the State of: California.
    Can my wife be charged for paraphernalia during my probation search?

    I was stoped by police on my way to work being on probation they searched
    (tore up) my truck and found nothing. I was arested for under the influnce.

    The officer then took me to my home my wife was home during the search
    they did find a pipe in the house.

    Then they charged my wife! for under the influnce and paraphernalia is this right? She is not on probation I am. ?
  • 10-31-2009, 07:49 PM
    BOR
    Re: Can My Wife Be Charged for Paraphernalia During My Probation Search
    Obviously, your probation agreement calls for a warrantless search of your home anytime? Right? If it does not, she could have refused them entry.

    Under the influence of what?

    If paraphernalia was found on the compact premises, she could be charged with "constructive possession" especially if it was in a common area.
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