Can I have my ex-wife’s house searched for drugs if my minor son says he took cocaine while there?

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Can I have my ex-wife’s house searched for drugs if my minor son says he took cocaine while there?

My 15 year old son was given cocaine by his 24 year old stepbrother while he was visiting his mother and her husband. If I press charges against the stepbrother how is my son affected? will he have to testify? can I have the police get a warrant and search his moms house for drugs?

Asked on January 18, 2012 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, you cannot personally have a home searched for drugs. Only a search warrant issued by a judge based upon probable cuase that a crime occurred at a specific location warrants the search that you want. The judge who is requested to sign a search warrant makes the ultimate decision to issue one based upon affidavits by law enforcement.

If you file a criminal complaint against the step-brother, your son possibly could be required to testify at a court proceeding. Based upon what is stated in the police report that you give to law enforcement as to the incident involving a minor, a search warrant may be issued or may not be.

As the parent of your 15 year old son, you have a legal obligation to protect him from harm. Not reporting the use of cocaine by him given by an adult would be remiss in your duties as a parent.

 


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