Can I be charged and arrested for a friend coming into my home with a controlled substance and admitting it was his to officers?

I’m on parole with 2 days left and I am off. A friend came into home without my knowledge of him in possession of controlled substance and he had a warrant for his arrest, the officers came to my door and being im on parole had to let them in and search. They had been told he was at my house. Upon the search they found a controlled substance in the backpack of my friend and he admitted it was his, can they arrest and charge us both for the controlled substance if he admitted it was his and in his backpack?

Asked on May 27, 2012 under Criminal Law, California


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Given that the drugs were found on your friend and your friend admitted that they were his drugs, it is unlikely that you will be charged in this matter. Since the police were in search of the friend and not yourself, your consent to the search lead them to your friend who was in possession of an illegal substance. Now, had there been drugs or a controlled substance found on an open table or throughout the house, then yes, you could be arrested or charged.

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