How can I be charged with possession with intent to sell/possession of controlled substance/being under the influence of controlled substance, if I was in my driveway?

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How can I be charged with possession with intent to sell/possession of controlled substance/being under the influence of controlled substance, if I was in my driveway?

I was working on a vehicle and the cops rolled up on my home and kicked open doors. They found my ex-roommate with a large amount of methamphetamine in his locked bedroom. I had asked to see a search warrant but was told they were waiting on it. It appeared to me they didn’t wait for anything because they went in and arrested my girlfriend who had 10 minutes before just come home from grocery store. They also charged her with intent to sell.

Asked on May 17, 2014 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under federal and state law, possession with the intent to sell is measured by the amount of a controlled substance that a person has in his or her possession. Ordinarily if the amount is above a certainb amount of grams o the controlled substance one is charged with possession with intent to sell as opposed to illegal possession of the controlled substance.


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