Legal Question in Criminal Law in Georgia

drug quesstion

can the police arrest you and then go and search someone eles house if you dont stay with that person and found drugsand say it yours ?


Asked on 2/11/09, 9:03 pm

2 Answers from Attorneys
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: drug quesstion

The police need a warrant or lawful basis (consent of homeowner, emergency situation, or waiver b/c occupant on probation/parole) to justify a search of a home. If they didn't have a lawful basis to enter and search the home, the items seized can be suppressed.

Second, the prosecution will have to prove that the drugs are yours. The cops opinion is not proof. They will need evidence that connects you to the drugs.

Read more
Answered on 2/11/09, 10:13 pm
Martin Hilliard Martin G. Hilliard, PC

Re: drug quesstion

they can but its a tough case to prove as presumption of ownership may lie with person in whoms house it was found..

mgh

Read more
Answered on 2/18/09, 11:08 pm


Related Questions & Answers

More Criminal Law questions and answers in Georgia