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 psyic
Stranger
Registered: 06/26/08
Posts: 12
Last seen: 4 months, 7 hours
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 Legal question for a friend's roommate.
#8589186 - 07/02/08 08:48 PM (4 months, 27 days ago) |
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I have a friend who is a user of mushrooms, who has a roommate who is less than happy about it. The direct question is this:
If my friend was caught with or doing an illegal substance, would the roommate be charged as well in any way? Would the situation change if the roommate claimed he didn't know about it / did nothing about it / wasn't around for it? Would the roommate be charged if he were in the same room with the other person while they were on a illegal substance and they knew it?
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 suimush
Future Rockstar
 
Registered: 08/20/04
Posts: 9,545
Loc: Cali, Contra Costa Co.
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Re: Legal question for a friend's roommate. [Re: psyic]
#8589202 - 07/02/08 08:52 PM (4 months, 27 days ago) |
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if the dude isnt doing anything why would they charge him?
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~TOTAL FREEDOM THROUGH TOTAL CONTROL~
The Ultimate Artistic ParradoxX
   
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Chemy
Ëmþàñädá §790.23
Registered: 10/05/07
Posts: 5,807
Loc: ༑㉿༑
Last seen: 6 hours, 13 minutes
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Re: Legal question for a friend's roommate. [Re: psyic]
#8589213 - 07/02/08 08:54 PM (4 months, 27 days ago) |
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The question of whether all residents are charged depends on statements made and residents present at warrant service and the officers that serve the warrant.
There are too many variables for me to give a simple yes or no answer.
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sudo apt-get install Barack-Obama
pu *.Bush
Deleted: B: /Bush/Patriot Act
Deleted: B: /Bush/NSA/AT&T/Warrantless Spying
Deleted: B: /Bush/Economy
Deleted: B: /Bush/Nukalur Weapons
Deleted: C: /Cheney/Control
Deleted: R: /Rice/Tool
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psyic
Stranger
Registered: 06/26/08
Posts: 12
Last seen: 4 months, 7 hours
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Re: Legal question for a friend's roommate. [Re: Chemy]
#8589220 - 07/02/08 08:57 PM (4 months, 27 days ago) |
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Thanks for the answers thus far 
So the answer is situational? Damn.
I'm hoping to change the mind of his roommate on the situation, as my friend can't afford to live on his own, and he really likes the dude he lives with.
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jajapee
Teh Bonerz
Registered: 04/13/08
Posts: 441
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Re: Legal question for a friend's roommate. [Re: psyic]
#8589377 - 07/02/08 09:33 PM (4 months, 27 days ago) |
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I believe it would come down to who claimed ownership of the mushrooms. If you get caught and claim them as yours why would he get in trouble?
Also, you might want to tell your friend to be careful. We all know never to speak if bused. However, if youre friends busted, the roomate would be likely to talk.
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Chemy
Ëmþàñädá §790.23
Registered: 10/05/07
Posts: 5,807
Loc: ༑㉿༑
Last seen: 6 hours, 13 minutes
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Re: Legal question for a friend's roommate. [Re: jajapee]
#8589407 - 07/02/08 09:43 PM (4 months, 27 days ago) |
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Quote:
jajapee said:
I believe it would come down to who claimed ownership of the mushrooms. If you get caught and claim them as yours why would he get in trouble?
Common sense has no place in a legal discussion.
You never know how someone is going to react in a high stress situation.
A no-knock warrant is like a traffic stop times a billion, and a knock and announce warrant is like a traffic stop times a million, you never, never know how someone is going to react when police officers come in and start talking about 10-20 year sentences, many idiots would lay blame on their own grandmother, instead of accepting what was done with their own hand.
Like I said there are too many variables, you don't know the person will say the roommate had knowledge, or the roommate is responsible, or if all residents invoke the right to remain silent and all residents get charged.
Too many variables, no equation......
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sudo apt-get install Barack-Obama
pu *.Bush
Deleted: B: /Bush/Patriot Act
Deleted: B: /Bush/NSA/AT&T/Warrantless Spying
Deleted: B: /Bush/Economy
Deleted: B: /Bush/Nukalur Weapons
Deleted: C: /Cheney/Control
Deleted: R: /Rice/Tool
Edited by Chemy (07/03/08 04:44 AM)
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johnm214
Registered: 05/31/07
Posts: 6,961
Loc: Americas
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Re: Legal question for a friend's roommate. [Re: Chemy]
#8589684 - 07/02/08 10:59 PM (4 months, 27 days ago) |
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Chemy is on the money again.
But Do Not Talk. That includes confessing, obviously, even if it is some sense of loyalty. It does nothing but make a conviction easier for both of you. You allready admit the offense and then all they got to do is pin it on the other guy.
Cops lie. They'll tell you he said it was all you to try to get you to blame him, and they'll tell him you said it was all him to get him to blame you. Then they get two witnesses for free, and the hearsay is all admisable.
Do not talk, don't make excuses, do nothing.
I will go further than chemy, though, and say its unlikely that the roomate would be charged if all materials were in your room and it was locked. You should have your room locked anyways if you do illegal drugs, as a search warrant, noise complaint, or dumb shit letting the cops search will likely stop at the locked door unless they have a warrant for your room or some extraordinary situation.
Chemy's right though in that there's too many variables... The variables are that both roomates will talk. Fact of life , they will talk and dig both themselves into a hole.
Innocent roomate will say "I told him I didn't want that shit in the house and to get it out, I though he stopped..."
Then when the cops charge both people they've allready got a witness that admited the crime against the other roomate, and admitted he knew it was illegal and let it go on anyways/was aware of it and didn't move out or contact the police or landlord.
Shut up. People never do, and are always too smart for the cops, but seriously. Don't talk, make them prove every element of the offense.
Provided people aren't stupid, I doubt the other roomate would get a conviction. But people are stupid and he probably would be forced into a plea deal/conviction on something, just cuz he'll admit everything and screw his ass all in the name of "cooperating with the police" or "making it easy on himself" or letting the cop know that "you know he's not stupid."
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Heffy
journeyman
Registered: 08/30/04
Posts: 492
Last seen: 1 month, 8 days
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Re: Legal question for a friend's roommate. [Re: Chemy]
#8590182 - 07/03/08 01:33 AM (4 months, 27 days ago) |
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I honestly didn't see him say anything about cultivation/manufacturing.
His exact words were "If my friend was caught with or doing an illegal substance".
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Seuss
Error: divide byzero
Registered: 04/27/01
Posts: 16,805
Loc: Caribbean
Last seen: 24 minutes, 29 seconds
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Re: Legal question for a friend's roommate. [Re: psyic]
#8590444 - 07/03/08 03:59 AM (4 months, 27 days ago) |
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> who has a roommate who is less than happy about it.
All it takes is the less than happy roommate innocently venting about the issue to the wrong person... In my opinion, this is a disaster waiting to happen.
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Just another spore in the wind.
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PowerOfTheCoir
Newbie Sympathizer
Registered: 07/02/08
Posts: 412
Last seen: 1 month, 11 days
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Re: Legal question for a friend's roommate. [Re: Seuss]
#8590882 - 07/03/08 08:52 AM (4 months, 27 days ago) |
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Johnm alluded to the most important step that has to be take. All drugs must stay in the user's personal room with the door closed and preferably locked. If the drug user makes it clear that no one, including the non-using roommate, is to enter the room without an invitation, both parties will be partially protected.
Non-using roommate - If he does not have access to the room where contraband exists, he cannot be considered to be in constructive or actual possession of it. However, if it was is a common area where both roommates are present, then either or both may be considered to be in constructive possession of it. The non-using roommate may be able to argue his way out of it, and will almost certainly get off if he eventually retains a lawyer, but he'll probably generate a lot of testimony against the using roommate in the process. Also, he can give police permission to search a common area if they request it, or use pressure/trickery.
Courts have recognized a distinction between common areas of a house (like the living room) and personal areas which belong to a specific person. If the non-using roommate is not allowed access to the room, he cannot give permission to search that room, even if he lets police into the dwelling. Consider placing a "do not enter without permission" sign on the door. It'll look good in court.
The police know this rule, but there's no guarantee that they won't enter anyway. Just keep your mouth shut and wait until you have a lawyer. The cops' behavior can result in anything they found being ruled inadmissible, but that's no help if you in any way stated that you did something illegal. The only two lines you should use are "I do not consent to any search, either of my person or any part of my apartment," and, "I have nothing to say without a lawyer present." If they demand you open any door, don't do it. Even if they seem to imply that you have no choice. Keep your hands in plain sight, make no sudden moves, and state that "I will not resist, but I will also not aid in this search because I believe it is illegal. I do not consent to this search." Cops know that if they break through the door, they will have to prove probable cause later on. If the door is open or you open it for them (even if you think you were ordered to do so), they will probably argue that they had consent.
Keeping your hands visible and making no sudden moves the whole time the police are around is critical. If you give them any articulable reason to believe they may be in danger, they can conduct a Terry search. This lets them pat you down for "weapons" and search the immediate area around you, also for "weapons." Immediate area can be a whole room. It's anywhere that you could have access to a weapon. Anything they find during this search is admissable. As a side note, this is why using a locked container, even if it's a cheap lock, can be a great way to keep items safe in a search. You can't immediately access a weapon in a locked container, so the police will need probable cause to open it.
One common trick cops use is to say something like "I know there's drugs in here so I'm going to have to search the house/room/whatever, okay?" That was a question, but when an intimidating guy with a gun says it, it probably won't sound like a question. If you responded with "Okay," "Whatever," or anything else except "I do not consent to any search," you will have given them consent and anything they find is legitimate.
Another important step to take is to avoid letting the non-using roommate actually see anything illegal in the room. Even if he "knows" that something is there, if he hasn't seen it, then it is difficult for the police to use anything he says to obtain a search warrant. Any warrant they obtain without actual eyewitness information will be easier for your lawyer to attack. Also try to avoid letting the non-user smell anything coming out of the room. A smell is a little less useful, but can still be enough. Don't directly say that anything is in the room. As far as contraband that he has already seen goes, make a show out of loading it up into a bag and taking it out of the house. You can bring it right back in later on, and the non-user may figure this out, but he will only be able to testify to his suspicions and assumptions.
Being under the influence around the non-user and in common areas is fine. Telling the non-user that one is under the influence is fine. Talking about how many bowls were smoked is fine. Just don't say "I'm so high, I just smoked 5 bowls IN MY ROOM." The non-user is not breaking the law by being near a high person - otherwise every attendee at most concerts would be a criminal. And most high school students for that matter.
None of these techniques are foolproof, and nothing will stop a dirty cop. They will, however, reduce the chances of one getting caught. They will make it difficult for police to obtain a warrant or develop probable cause, thus they will have to rely on consent to get admissible evidence. Remember to never give consent, always clearly state that you refuse to give consent, and you should be OK. Even if the cops still arrest a person, using these measures can give a lawyer plenty of angles to use to get evidence thrown out. A high probability of evidence being thrown out and a lack of a confession or any other incriminating statements will also make a prosecutor more eager to strike a deal. A person's chances of getting charges suspended, diverted, or reduced are greatly improved if they just understand and defend their rights.
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Check out my first ever TEK!
Shroom capsules with the Cap-M-Quik (pics)
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rod
Ψ
Registered: 06/29/05
Posts: 3,257
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Re: Legal question for a friend's roommate. [Re: psyic]
#8592709 - 07/03/08 06:52 PM (4 months, 26 days ago) |
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Loose lips will sink this ship, at some point.
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