Can You Have Your Spouse Arrested if You Know They Have Drugs in the House?

Someone Brought Drugs To My House... Now What?

You can't e'er control what your family unit, friends, or roommates bring into a car, shared property, or a home that you lot own. But what is your responsibleness to end them – and can you get in trouble?

The short reply is yes. If someone brings drugs into your home you can make it trouble.

Below y'all can find general information about drug possession laws, which vary by land, but keep in mind that none of information technology should be considered legal advice. If yous are concerned near a roommate, family member, or friend bringing drugs into your home, contact a criminal defense lawyer to hash out your options.

Police Need a Reason to Investigate You lot

For the police to enquire questions, enter your home, or search your car, they commencement demand probable cause that something illegal is happening. If they search your home or property without cause, you lot can contend in courtroom to have the evidence they found thrown out.

This falls nether Quaternary Amendment search and seizure laws and reasonable suspicion from the police.

The nuts are:

• You accept the right to say, "I don't consent to a search"
• Y'all can enquire, "Why are you pulling me over?" or "Why are you at my firm?"
• Y'all can't ever stop them from searching you, your car, or your dwelling

You have ceremonious rights confronting unlawful search and seizure. Learn more about your rights during:

• Searches of your automobile
• Searches of your home
• Searches of your person
• Situations involving constabulary misconduct or racial profiling

If You Are Arrested For Drugs That Aren't Yours

Permit's say law enforcement finds drugs on your property merely not in your possession. Where drugs are found matters. The government will build a instance against you depending on whether they believe the facts betoken to you having "effective possession" of the drugs.

Constructive possession law can vary by jurisdiction, but it essentially means that you had the correct to exercise physical control over the drugs and knew that you had this right.

In other words, you tin can still be arrested for possession and establish guilty, even if you were not using the drugs or had them on your person at the fourth dimension of your arrest.

If you are around drugs, you may be arrested or ticketed to announced in court if law enforcement does not believe that the drugs aren't yours.

If arrested, you have the right to say you need a lawyer and stay silent about the situation. Don't resist arrest. Remember that you lot don't accept to provide any data the prosecution tin use confronting you or accept a plea deal until yous take spoken with a lawyer.

It is possible in some jurisdictions that a homeowner or car possessor in this state of affairs could non be arrested but still ticketed. You could besides be ticketed for being on a lease or a partial belongings owner – even if you weren't home when the incident happened.

Proving Drugs Are Not Yours

The best time to explain your side of the story is the offset time y'all speak with your chaser.

When anything illegal happens, the person with immediate control of the car or property will be held responsible. This is similar to the "social host" laws for underage drinking or people driving drunk from your habitation.

Police may look at the home or car owners as a doubtable unless they tin prove:

• Other people had access to their habitation or machine
• They couldn't accept known drugs were nowadays
• The drugs belong to someone else

A drug's location in a house or car, such equally the rider side of the backseat, might point that it was more probable to belong to a rider or roommate.

In a criminal case, the government will try to testify guilt across a reasonable doubt, and then any evidence that creates doubt is key to a criminal case.

What Should I Do If Someone Else Brings Drugs Into My Abode or Car?

Option 1: Call the Police

You can phone call the law and ask them to pause upwards the party if you experience that you can't control the state of affairs. This has its risks, then you should counterbalance the pros and cons.

Option ii: Telling Police force Who Owns the Drugs

You may feel similar the best option is pulling upwardly a photo, pointing to the person who owns the drugs, and giving the police their information. But there is no guarantee this will proceed yous out of trouble.

This might be a valid pick if your attorney advises information technology. Nonetheless, the law oftentimes hear the defense that "the drugs aren't mine." The government may not believe you or believe y'all knew nearly the drugs because you know who brought them.

Option 3: Telling Someone They Can't Accept Drugs in Your Home

Another pick is to explain y'all can't take annihilation illegal happening in your car or dwelling because you will be the one who gets in problem.

You lot can ask the person yous suspect has drugs to leave.

People are obligated to go out your property when you ask, or information technology volition be trespassing. You tin can consider recording yourself on photographic camera asking everyone to stop or go out your property.

What Happens If I Keep Quiet Near Bringing Drugs Into My Dwelling house or Machine?

It may feel uncomfortable to bring up another person's drug use. But beingness around drugs or having them in your home or car tin pb to meaning legal risk.

Call an attorney if you notice drugs in your furniture, drawers, or home later. Disposing of them yourself has its risks, so your safest option is to call an attorney beginning.

Illegal drugs in your home or auto are incredibly risky. Hosts tin take the fall for illegal activities -- so be prepared for whatever scenario.

Related Resources

• State Cocaine Laws (FindLaw)
• Social Host Liability (FindLaw)
• Common Party Drugs That Can Get You Arrested (FindLaw's Blotter)

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Source: https://www.findlaw.com/legalblogs/law-and-life/someone-brought-drugs-to-my-house----now-what-/#:~:text=The%20short%20answer%20is%20yes,should%20be%20considered%20legal%20advice.

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