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  1. #1
    Join Date
    Mar 2006
    Location
    naples,fl
    Posts
    1

    Default Possession of marijuana misdemeanor charge

    hey,
    im charged with a misdaminor charge, i threw a party and people brought marajuana which i lost control over what happened at the party.
    -since no one has possesion of the marajuana does that automatically make it mine?
    also does the officer need a warrant to enter my house if they came searching for a fight and end up busting a party?
    -if the police dont read me all my rights could that help to dissmiss my charges?
    -what is the worse thing possibly to come out of all this?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Possession of Marijuana

    There are two types of possession - actual possession and constructive possession. Throwing a giant pot party in your dwelling could support a theory of constructive possession, even if you did not provide any of the marijuana yourself.

    Assuming they know that the fight is going on, the police don't need a warrant to enter a house to break up a fight. (They can't enter, find a fight only after entry, and pretend that's why they came in.) When they enter a house to break up a fight and evidence of criminal activity is in plain view, they can act on that evidence.

    Your Miranda rights are only relevant to custodial interrogation. If they did not read you your Miranda rights before questioning you after you were in police custody, you may be able to get your statements suppressed.

    You should consider discussing your situation with a criminal defense lawyer.

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