Legal Question in Criminal Law in North Carolina
search warrants and my rights
A person staying with me in my residence was arrested for ''attempted abduction of minors''. He was not arrested at my place of residence. That person is being charged with more than one count. That person also had marijuana in his possession at the time of arrest. Can a search warrant be issued to come through my home and property? Also, what are my rights as far as letting the officers go through only this persons property and not my own?
1 Answer from Attorneys
Re: search warrants and my rights
"...person staying w/ me in my residence" sounds like
boyfriend and, if this is a domestic matter, you
know the mother will assume you were in on the
deal somehow. I don't know why there would
be a search warrant on your premises unless
he denies that he was going to take the child
and police are looking for plane tickets to Mexico
or West Virginia. If there were phone calls
making threats from your house during a time
when you were at the residence the court may
believe you were involved, but you are not charged.
If he had a personal use amount of MJ on him at time of
arrest, police probably are not interested
in you. Beware if he is not US citizen and if he
had traffickng bulk of MJ. You and your
home would certainly be endangered and they
could claim you use your house as a felony-
maintaining a dwelling for purposes of
drug sales. You make sure you flush all
his stash now! A search warrant will allow them
to search the premises and will only
be limited by the purpose of the search, e.g.
evidence of the attempted flight or evidence
of drugs.
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