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  1. #1
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    Jan 2019
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    Default Can You be Criminally Charged for Drugs Found in Your Home When You're Away

    My question is I house is raided and I was not home. Is it legal for them to charge me with drug paraphernalia and possession of THC when I do not get caught with anything

  2. #2
    Join Date
    Sep 2005
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    California
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    20,319

    Default Re: Can the Police Search My House Because I Lefted My 4 Years Daughter Home Alone fo

    Quote Quoting juleane2001
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    My question is I house is rated and I was not home is it legal for them to charge me with drug paraphernalia and possession of THC when I do not get caught with anything
    Sure they can, as long as they had a valid basis to conduct the raid and search or the items were otherwise in plain view.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

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  3. #3
    Join Date
    Oct 2014
    Posts
    7,291

    Default Re: Can You be Criminally Charged for Drugs Found in Your Home When You're Away

    Quote Quoting juleane2001
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    My question is I house is raided and I was not home. Is it legal for them to charge me with drug paraphernalia and possession of THC when I do not get caught with anything
    You've not provided enough facts to make a determination one way or the other. It matters in what state this took place, what prompted the raid, whether the raid was done by a federal agency or by a state or local agency, whether the police had a warrant for the search, what all they found during the search and where in the home the items were found, who else lives in the home, and any other relevant facts that may exist.

    The one thing I can tell you is that under federal law and the law of most states possession cases are not about who owns the items. It's about the ability to access and exercise control over the items. And if more than one person has access to the stuff and can exercise control over it, all of them may potentially be charged with possession.

    What you want to do is discuss all the details with your lawyer and only your lawyer. If there are grounds to challenge the search, your attorney will file the motion to suppress the evidence found in the search.

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