Picture this scenario: You’ve just returned from your annual Friendsgiving shindig and are taking advantage of your roommate’s trip home to see their folks. You’ve got the game on and popped the top on a cold one.
Suddenly, you hear a heavy thud on the door. It’s the police, and they have a warrant to search the premises for drugs. You know that you don’t have any illegal substances, but what about your roommate? Could their secret stash lead you to prison?
The situation is serious
You are right to be concerned about facing drug possession charges. The wording on the warrant is particularly important when people live in shared spaces, i.e., you and your roommate. If, for instance, your roommate has a stash of coke in a bedroom safe, you likely wouldn’t face charges because that was in a separate area controlled by the roommate.
Alternatively, if your roommate kept their stash in the uppermost kitchen cabinet, the situation is murkier. Because that is a common area accessible to all occupants, it is conceivable that you could face arrest.
But it wasn’t my drugs!
Even when that is true, these accusations are not settled by the police but by the Maryland criminal courts. The police just execute the search warrants, uncover potential evidence and arrest suspects.
There’s even a term for an arrest based on these circumstances — constructive possession. In simple terms, the prosecutor can allege that as someone with access to the kitchen, the drugs were yours. Learning more about how the Maryland criminal justice system operates can help you strategize the best defense possible against the drug charges you face.