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  1. #1
    Join Date
    Nov 2011
    Posts
    2

    Default Caught With Drugs and Scales, but For Personal Use

    My question involves criminal law for the Quebec Canada
    I had a bust at my home with pot in different bags locked up and scales but it was personal use.I had 3 fire proof safes in my home I opened for them no drugs in there but all money was taken by police.safe wasent on the warrant I had even old money in there was taken too.all the money was in different bags some marked for bills I had to pay and my babys money as well was taken.one week after the arrest my name address age and drug amount and money was in paper and wrong amout of drugs in there as well before court can I sue them and what you think about this.my charge was production and assumption on trafficking I said it was my personal use only and I took full blame for it and my spouse was charged for same charge and she has a baby due 5weeks from now.she never did drugs.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Drug Warrant Questionn

    This forum is for US law.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Drug Warrant Questionn

    but for fun..

    applying somewhat of a general application of the laws of the 50 different states we have down here;

    no, you would have no basis for a suit. If you opened the safes, you allowed the search inside the safes. Any money found on the premises can be considered to be due to drug dealing and can be confiscated. You would have to prove it came from other sources to reclaim it.

    The difference between personal use and intent to distribute is often the quantity of drugs found. There may have also been an undercover buy previously that would show your active sales activities (if applicable).

    Your spouse would be included in those charged since a spouse is accepted as having knowledge, if not actual participation, in the activities and considered to have benefited from the activities. That makes them an accomplice if nothing else. To defend herself, she would have to prove she was totally ignorant of the presence of the drugs and did not know of your activities. Kind of hard to do given it was in the same house she lived.

    You don't have to do drugs to be charged with manufacture and distribution of the drugs. You think a pharmacist uses all of the drugs they distribute?

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Drug Warrant Questionn

    I will also add that the discovery of three safes, scales, bagged drugs and a large amount of cash money would almost SCREAM drug dealer to every state in the union.

  5. #5
    Join Date
    Nov 2011
    Posts
    2

    Default Re: Drug Warrant Questionn

    You can call me a drug dealer but I'll tell ya the laws in Canada are slot different than USA.And I have all claims where money came from.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Drug Warrant Questionn

    Quote Quoting Jay0101
    View Post
    You can call me a drug dealer but I'll tell ya the laws in Canada are slot different than USA.And I have all claims where money came from.
    so, why are you asking a US based forum that deals with US law our opinion of a situation in Canada. If you know the laws of your state/province/ whatever, go with that.


    There are some situations in the US where large sums of money have been confiscated with no proven ties to drugs other than speculation. Here is one of them:

    http://en.wikipedia.org/wiki/United_States_v._$124,700_in_U.S._Currency

    I
    t's not that it was proven to be drug money. It's that it could not be proven it wasn't drug money. Do I agree with the ruling? Absolutely not but they don't seem to care much about what I think.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Drug Warrant Questionn

    Quote Quoting Jay0101
    View Post
    You can call me a drug dealer but I'll tell ya the laws in Canada are slot different than USA.And I have all claims where money came from.
    Then why are you ignorant enough to come to a US law site and ask about Canadian law? You don't understand the laws are different eh?

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