Can I be charged with simple possession if I did not have any marijuana on me at work and was not home when the marijuana was found?

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Can I be charged with simple possession if I did not have any marijuana on me at work and was not home when the marijuana was found?

i’m not on the lease and share the apartment with a roommate who was present at the time. The police found me by going through my room and finding a paystub. They then proceeded to come to my job. Is this legal?

Asked on January 13, 2015 under Criminal Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Yes, you can be charged with possession even if the marijuana was not on you at the time if there was evidence, such as from its location (i.e. in your belongings; or from your roommates' testimony) that the marijuana was yours.

2) If the search was legal--such as if they had a warrant, another apartment-dweller's permission (since anyone living there can consent to a search), or exigent circumstances of one kind or another, then yes, they could find you the way they did. That's not to say that you should't speak with an attorney about whether, under all the facts, this search was illegal--just bear in mind that it could easily have been a legal search.


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