If I gave the police permission to search my home and they find drugs in the belongings of a person who is a guest, can I be charged?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I gave the police permission to search my home and they find drugs in the belongings of a person who is a guest, can I be charged?
The person is not a relative. They are not paying rent nor do we have a rental agreement. They do have some possessions in my home but do not have a door to the area they sleep and store their belongings. I was promised no drugs would be brought into my home and had no knowledge prior to consenting. I agreed they could stay with me temporarily due to being homeless when they left an abusive boyfriend. I am on probation for a DUI and was ordered not to use drugs or drink, and am not allowed to enter an establishment that serves. I take drug tests for my probation officer.
Asked on February 28, 2012 under Criminal Law, Illinois
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
First off, NEVER give the police permission to search your home without a warrant. But since we are past that point, the police could move two ways on this: 1) Charge you and your friend with possession because the drugs were found inside your home and within the friends belongings or 2) Simply charge the friend with possession. The major issue in determining this is why the police were there in the first place. If it was to search only your friend, then you may be in the clear. If it was to search the home itself due to suspected drug activity, then more than likely they can charge you too. You definitely need to speak with a criminal defense attorney given your current probation status. Feel free to contact me if necessary. Hope this helps.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.