Is it possession if it was found in your apartment when you weren’t there at the time of the search warrant

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Is it possession if it was found in your apartment when you weren’t there at the time of the search warrant

I was arrested for possesion, intent for sales of controlled substance, and receiving stolen property. I was subletting an apartment. I left the house on Sunday.  The cops came to the complex my roomate got arrested in the parkinglot. On either Mon or Tues the master tenant changed the locks on me. I went back on Wed. to find the master tenant in my house. He told me thru the door cops came raided the house found drugs and stolen items and seized 10 pages of stolen items. He wouldnt let me in so as i go to my car cops are already there and I get arrested. 1st time — I have no priors. Who is at fault?

Asked on June 10, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

As an occupant of the premises you can be arrested; however whether or not the charges against you will stand up is the question.

First off, they would have to prove that you the drugs, stolen items, etc were yours.  If they were found in the common areas and obviously in your room then they can make a good case; if the items in question were solely in roommate's bedroom then maybe not.  Also, was the search legal in the first place?  There are certain procedures that need to be followed.  This is a fact specific area of the law and can get very technical.

At this point you need to consult with a criminal attorney in your area.


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