Legal Question in Criminal Law in California

Re: Arrested for possession, Not his Drugs

Mr. Tenner's legal discussion is correct, but I cannot share his optimism because I think the facts are very bad for your friend. Hotels have housekeeping staff who go into each room daily, or at least after a guest leaves, and clean. Their duties usually include changing the bedsheets, etc., and they are ordinarily supposed to look for anything the prior guest might have left behind. If a prior guest left the drugs under the mattress, they likely would have been found and removed before your friend ever set foot in the room.

It seems that your friend's best argument might be that the housekeeping staff was not reliable enough to base a guilty verdict on their thoroughness. This might work, but I wouldn't bet on it.

Re: Arrested for possession, Not his Drugs

you have to remember, an arrest is simply the "opinion" of the arresting officers at the time of the incident. thus, the state has the huge burden of having to prove every element of not only the charges but the validity of the arrest and/or search or seizure by constitutional standards. therefore, from the facts given thus far, your friend has a very strong case to beat these charges unequivocably, especially with effective legal representation here. if you would like a free phone consultation on this matter, email us directly with your contact information today.