If someone in your home is selling marijuana and the police bust your house, is the owner responsible? If there are children in the home will the children be taken? Are other adults in the house responsible as well?
2007-11-08 01:37:59 · 16 answers · asked by N_Quizitive_1 4 in Politics & Government ➔ Law Enforcement & Police
This question is not personal. Please don't direct your answers to me.
2007-11-08 01:44:15 · update #1
Depends on the state and what the actual charge is......... But, in general:
If someone is dealing drugs from a private home, then that is a Felony Delivery and Sale of Narcotics Charge. Under many states Forfeiture Act, the home and its contents can be seized by the arresting law enforcement agency. Then civil hearings would be conducted by the courts to either grant the forfeiture or to release the property back to the owner.
Also, any and all occupants of the home can also be arrested and charge with at least possession. All the police would have to do it prove that the occupants knew of the operation. That is not very hard to do. Many of these types or cases are worked with several controlled buys at the home. The players are identified and implicated.
As far as children in the home...... The Child Protection Team would be called in. The parents would be investigated and could face charges or at least Child Neglect up to and including Child Abuse and Endangering and many other Felony Charges.
So, this is NEVER a good idea.
2007-11-08 01:45:53 · answer #1 · answered by Dog Lover 7 · 3⤊ 2⤋
Yes the owner is also responsible and the house can and probably will be seized and taken from the owner...that's right - you lose your house to the govt. They then re-sell it and make money.
If there are children in the house - YES, they will be taken whether or not the parents are involved. It is called child endangerment; Unfit parenting; - even if parents not involved by physically selling it, they will have a hard time proving they are fit parents for child.
And yes the other adult can also be held responsible; and usually are.
If someone in your house is doing this you need to have them move out and hope you don't get arrested before they leave.
2007-11-08 01:43:25 · answer #2 · answered by tone 6 · 1⤊ 0⤋
I am not a lawyer, so I don't have all the answers for you.
However, determination of any crime involves "intent" and "knowledge of the crime".
If the owner knew about the crime, or should have known about the crime, he can be held accountable. If not, he probably will not face any charges.
What happens to the children depends on what happens to their parents, and on whether the children were put in any danger due to the crime.
What happens to the other adults in the house is pretty much the same as for the owner of the house. Did they know about the crime or should have known about the crime? Not using drugs does relieve them of responsibility if they knew illegal drug use was happening around them.
2007-11-08 01:47:23 · answer #3 · answered by BC 6 · 0⤊ 0⤋
If I raid your home, I will arrest everyone living there and charge them with distribution. This carries large sentences. If I find children, I will file child abuse charges against the guardians, parents, whomever is charged with their care and any adult having contact in this environment. You may not get them back when I'm done. You will go through a living hell when it comes to the courts, Child Protective Services, and every other agency I can bring into the scenario. I will file seizure papers on anything possible that I can link to drug distribution and take these items for the state. The owner is just as responsible as the people selling or using. Good luck!!
2007-11-08 02:11:58 · answer #4 · answered by spag 4 · 0⤊ 1⤋
If they're selling to minors and you live within a mile of a school, you could be looking at life.
And that's out here in California where the marijuana laws are the most liberal.
A guy in Montana was just shot and killed in his room by police not too long ago for having an Ounce of marijuana.
2007-11-08 01:41:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Depends on the circumstances.
First, criminal and family law vary substantially from state to state.
Second, in the state I practice in, the question would be whether you knew someone was selling MJ from your home, you would be criminal as well. That would not necessarily you would lose custody, but if you got sent to prison for 6+ months, that would be very possible. If you're having custody issues with a spouse, that would certainly bode badly in your custody battle.
2007-11-08 05:50:47 · answer #6 · answered by Benjamin Gladstone 2 · 0⤊ 0⤋
If the house is a drug house or factory the owner could be held responsible, and could be charged with risk of injury to a minor but if it's just a drug dealer that lives in the house but dosen't sell out of the house they just want him. (most dealers are smart enough not to sell out of their house. see Biggie ten crack Commandments #5)
2007-11-08 02:12:46 · answer #7 · answered by Anonymous · 1⤊ 0⤋
All of the above can happen by law, however the circumstances you describe would make it appear that the people who own the house are unaware of the drug dealing, if it is blatant then they would have to know and they could easily loose there home.
2007-11-08 01:51:11 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Ryan is correct, it depends on the state, and weather or not the feds are involved.
But the short answer is YES, all of the above can and often do happen... unless the owner/other adults can PROVE they had no knowledge of the dealings at all.
2007-11-08 01:41:39 · answer #9 · answered by Mike 6 · 1⤊ 0⤋
Unless you can prove the drugs are not yours,then the homeowner is responsible. While you are rotting in jail,your children will be in protective services or with a family memebr. My suggestion is to NOT let your boyfriend or friends to sell dope in your home.
2007-11-08 01:42:15 · answer #10 · answered by daddyjohndeer 5 · 1⤊ 0⤋