Legal Question in Criminal Law in Texas
House Fire
Two bedroom house,two roommates R1 & R2. R2 was involved in the alledged use and manufacturing of illegal drugs(class A). R2 was moving out but before he moved, there was a house fire. R1 s the only one home at the time, which only could have started in R1's bedroom by a candle since the electric had been cut-off temporarily (lack of funds). R1 knows that there was nothing illegal in her bedroom but R1 does not know about the rest of the house. The officials have declared the home a ''crime scene'' so R1/R2 can not enter the house to see, much less get any personal items maybe salvagable. R1 nor R2 has a written lease with the landlord. The fire marshall has told R1 ''You know what we have found in your house!'', but he has never said exactly just what it is that he has found & would not answer when asked. R1 told the fire marshall that whatever he found that he didnt find it in her room. Since R1 works locally & is the easiest found, R1 is scared to death that she will be arrested. Since the officials only entered the house to search for fire related causes, can R1 be arrested for anything they may have found (unrelated to the fire)?
1 Answer from Attorneys
Re: House Fire
Yes, if the information is presented to a district attorney and that attorney approves a charge against R1, R1 would have to prove in a court of law that she did not knowingly possess any illegal narcotics. God's speed.
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