Legal Question in Criminal Law in California

Re: Search Warrants

If there is other evidence (such as testimony of witnesses) which links Mr. X to the drugs found in the home then he can be charged with possessing them. There is no rule that says only the owner or occupants of a home can be charged with possessing items found there.

The check stub and ID card suggest that Mr. X had been in the house at some point, but would probably not be enough by themselves to link him to the drugs unless they were found in very close proximity. But with additional evidence they can help get him convicted.

Re: Search Warrants

Thank you for your posting.

The law states that "possession" may be having the contraband in your "dominion, custody, and control." Whether or not the person "possessed" narcotics or weapons, is highly dependent on the facts, as you may guess. What Mr. "X" needs to show, in other words, is reasonable doubt that the contraband was his, or have someone admit possession, and show that he did not have custody, control, dominion, or knowledge (to defeat the intent of the crime) to defend against the charges.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Re: Search Warrants

He goes down, she goes down, everybody goes down. Feds bust Mr. X for selling to the informNT, they bust Homeowner, they bust Homeowner's BF for a parole violation. They take the house. They try to turn everybody against everybody else, and they will probably have some success. Whether or not X is liable for what was in the house is a side issue. All concerned would be well advised to keep their mouths shut, hire lawyers and bondspersons if they can, and pray hard.