2007-03-27 17:48:29 · 9 answers · asked by ember1228 1 in Politics & Government ➔ Law Enforcement & Police
Yes, providing they are adults and aware of the fact that marijuana is in use they certainly could, and be charged with "Frequenting a Drug House". You don't have to be in possession of drugs or even partaking in them since there is illegal activity taking place. However it depends on the department and state. Some cities crack down it alot harder than others.
2007-03-27 21:29:48 · answer #1 · answered by evilbandit 2 · 0⤊ 0⤋
The devil is in the details....
they are on you door step
Quick answer,....yes its possible in an effort for the investigating officer to conduct his investigation. Lets see how they got in your house. Fist the officer needs probable cause, and/or reasonable articuable suspicion and/or reasonable suspicion to get in your home and/or a warrant. When you get a informal knock by Officer Friendly . The homeowner (not a guest or a minor) should step outside and close and lock the door behind you. if they know they are have illegal drugs, via reasonable suspicion. they can just bust in like on "cops" using Wilson v. Arkansas, 514 U.S. 927 (1995) as the excuse to bust in with no "knock and announce". The reason is "reason to believe" that evidence would be destroyed if "knock and announce" was allowed. A possibility of violence to the police and others if they had to "knock and announce"and "knock and announce" would be useless.
Now they are in your house.
now your friend.
United States v. Matlock, 415 U. S. 164 One resident (even a guest) can consent in the occupant place. This allows the investigating officer to search without probable cause etc because the resident provided consent. BUT in Georgia v. Randolph. If the investigating officer is faced with a situation where two parties have equal authority to grant consent to search the premisis they share, and one object to the search the invesigating officer should default to the wish of the non-concenting party. if it two roomies sharing a two bedroom apt, each roomies should lock the bedroom when they are out of the house have give the other roomie standing orders that permission is not given for the investigating officer to enter the locked room. of couse if they have the goods on you or you roomie they will just bust in. and never resist, imped, or lie to the officers. respectfully assert and never get confrontational. any ill gotten evidence and any theories arising from such evidence can be thrown out of court.
this is for info purposes only. no advise is given.
I know some may be thinking about not lieing to the police, what if i have have illegal drugs. You are free to remain silent. and prepare for some silence, dirty looks and general intimidation. More then likely they formed a reasonable suspition or probable cause allready. If they are asking for your permission as opposed to forcing, more then likely they are missing an element.
Mr Miranda.....
they dont have to "mirandize" you. example: questions during an investigory stop. volunteered statements. questioing people for fact-finding. question asked at thr scene of a crime. but one will be "mirandized" if taken into cusdudy with the intent of interrogation. once you are "mirandized"....shut up...dont damm youself any further and make it more difficult for your lawyer.
just for info only.
2007-03-28 06:18:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Actually it depends on alot of stuff. I was in a house that got raided once and not even the guy who lived there went to jail. There was plenty of stuff there, minors drinking (one of them got sent home on her bike at 2:30 AM) and ... long story. But typically when the cops have to come in the house the person with the possetion gets the biggest rap and the rest unless they are wasted or causing the cops grief (obstructing) they will be fine.
2007-03-27 17:57:25 · answer #3 · answered by anton t 7 · 1⤊ 0⤋
Honest answer. Depends on how much paperwork I want to do. I go into the house, find marijuana on one person and I arrest him. I can detain the others for investigative purposes but that means I have to justify it in my report and collect a bunch of witness statements from them. If I already have a "slam-dunk" possession case, I'm not going to waste my time with the other losers.
2007-03-27 18:11:56 · answer #4 · answered by Anonymous · 1⤊ 0⤋
It is a real possibility everyone would be detained, and then tested for drug use, and then either kept in jail or released.
If there were minors, they would most likely be taken to a relatives home or put into protective services.
2007-03-27 17:54:00 · answer #5 · answered by JD H 2 · 1⤊ 1⤋
it depends on the person using, is he or she man enough to take the rap for the weed, if not then usally all present will go
2007-03-27 17:52:28 · answer #6 · answered by waterboss 2 · 1⤊ 0⤋
You could...It probably depends on the arresting officer! If you are juveniles-count on it.
2007-03-27 18:14:16 · answer #7 · answered by sobergranny9702 1 · 0⤊ 0⤋
no just dont let them keep it in your room
2007-03-27 18:28:17 · answer #8 · answered by Anonymous · 0⤊ 1⤋
no
2007-03-27 17:57:33 · answer #9 · answered by nodumgys 7 · 1⤊ 0⤋