Legal Question in Criminal Law in South Carolina

False report / Marijuana theft

A maintenance man comes into your apt for a scheduled repair/check -smells marijuana and steals it. You call the police and report that money and jewelry were stolen. what happens when the maintenance man fesses up about the weed?


Asked on 7/25/08, 7:37 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: False report / Marijuana theft

As far as the mariijauna is concerned, before the police can arrest a person they must have Probable Cause. That is basically a reasonable belief that a crime is committed. If the only evidence that you had marijauna is that the mmaintenance man said he stole it from you, then that is probable cause. However, it wouldn't be a very strong case for the police since the only witness they have would be someone that is an admitted thief. It is doubtful that he would admit it. Most people when asked if they stole something would not readily say that they did. Plus, he would not only be admiting that he was in possession of drugs, but possibly admitting larceny. As far as telling the police that money and jewelry was taken, that would be very hard to prove. I am not saying that you couldn't be arrested, but I am saying that based on you explanation it sound doubtful.

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Answered on 7/25/08, 11:05 am


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