If someone is the victim of an armed robbery in their home and the police come to investigate and find narcotics, could they use evidence to prosecute the victim?

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If someone is the victim of an armed robbery in their home and the police come to investigate and find narcotics, could they use evidence to prosecute the victim?

Asked on March 3, 2013 under Criminal Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, they authorities could use the narcotics as evidence to prosecute. If the police are lawfully in the home--such as being allowed in by the homeowner or a resident to investigate another crime; or responding to an emergency call--if they see narcotics while there, it is as proper for them to take action (e.g. arrest; prosecute) as it would be if the narcotics were seen in a public area, like on a street. As long as the police could be legally where they are, they may make  use of evidence they find.


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