If the police find my roommate’s marijuana in our apartment, can they arrest me or would they only arrest my roommate who has the drugs in his room?

I share an apartment with 3 other students near a university. We’ve been there only a few weeks. Saturday night I returned to find that one of the guys was having a party with 3 guests. They were smoking marijuana (they invited me to join and I refused).

Asked on September 29, 2014 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If there is evidence--including the testimony of another person (such as your roommate, who may try to claim that some or all of the drugs were yours, to get leniency for himself)--that you owned or used the drugs, then even though they were found in another part of your apartment, you could be arrested.

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