If I gave the police permission to search my home and they find drugs in the belongings of a person who is a guest, can I be charged?

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If I gave the police permission to search my home and they find drugs in the belongings of a person who is a guest, can I be charged?

The person is not a relative. They are not paying rent nor do we have a rental agreement. They do have some possessions in my home but do not have a door to the area they sleep and store their belongings. I was promised no drugs would be brought into my home and had no knowledge prior to consenting. I agreed they could stay with me temporarily due to being homeless when they left an abusive boyfriend. I am on probation for a DUI and was ordered not to use drugs or drink, and am not allowed to enter an establishment that serves. I take drug tests for my probation officer.

Asked on February 28, 2012 under Criminal Law, Illinois

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

First off, NEVER give the police permission to search your home without a warrant. But since we are past that point, the police could move two ways on this: 1) Charge you and your friend with possession because the drugs were found inside your home and within the friends belongings or 2) Simply charge the friend with possession. The major issue in determining this is why the police were there in the first place. If it was to search only your friend, then you may be in the clear. If it was to search the home itself due to suspected drug activity, then more than likely they can charge you too. You definitely need to speak with a criminal defense attorney given your current probation status. Feel free to contact me if necessary. Hope this helps.


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