Am I guilty of joint possession if police found drugs in my roommate’s bedroom?

No, you are not automatically guilty of joint possession. In this case, you should consider “common” areas and “private” areas. If the drugs were hidden in the kitchen for example and only one of your roommates has a history of possessing that particular drug, you could likely be found not guilty.

If drugs were found only in your roommate’s individual room, the police may not have any evidence to charge you, and a judge would likely dismiss charges if they are filed. Police may also have exceeded the authority of the search warrant. It is always crucial to read the search warrant to be sure of the specific authority allocated to the police in their search. Did it allow them to search one area, but the drugs were found in another? Whose names are on the lease does not factor in.

If you feel you have been falsely charged with drug possession, you will need to attain competent legal representation as the consequences of a drug felony can be very serious. To contact an affordable criminal defense attorney in your state click here.

Case Studies: Am I guilty of joint possession if police found drugs in my roommate’s bedroom?

Case Study 1: Drugs Hidden in Common Area

Drugs are discovered hidden in the kitchen of a shared apartment. Only one roommate has a history of possessing that particular drug. The other roommates are not aware of its presence. The roommate with the history of possession may face charges, but the other roommates may argue that they are not guilty of joint possession, as they were unaware of the drugs and had no control over their presence.

Case Study 2: Drugs Found in Individual Room

Police find drugs in the bedroom of one specific roommate. The drugs are not present in any common areas of the apartment. The other roommates have no knowledge of the drugs. In this case, the roommate whose bedroom contains the drugs may face charges, while the other roommates can argue that they are not guilty of joint possession, as they did not have access to or control over the drugs.

Case Study 3: Authority of Search Warrant Exceeded

The police execute a search warrant for a specific area of the apartment, but drugs are discovered in a different area, such as a roommate’s bedroom. If the search warrant did not grant the police authority to search that specific area, the roommate whose bedroom contains the drugs may argue that the evidence is inadmissible due to an improper search. The other roommates can assert their lack of knowledge and control over the drugs, thus avoiding charges of joint possession.