Q: Can they bust my husband who's on probation, for drugs they found (mine) behind my nightstand, in a probation sweep they
Did while he was at work and I was home.
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- Answered
A:
During a probation search, law enforcement has broad authority to search common areas and spaces that the probationer has access to or control over. However, if you can clearly establish that the drugs belonged solely to you and were in an area exclusively under your control, your husband might have a defense.
The key factors here will be whether your husband had access to your nightstand area and whether he knew about the drugs. If the nightstand was in a shared bedroom, it could be harder to argue he had no constructive possession or access to that space. The courts often consider shared living spaces to be under joint control of all residents.
Your best course of action would be to document everything about where exactly the drugs were found and gather any evidence showing they belonged only to you. You should seek immediate legal representation, as this situation involves complex legal issues around probation searches, constructive possession, and shared living spaces. Consider that while taking responsibility might seem like the right thing to do, you should consult with an attorney before making any statements to law enforcement about ownership of the drugs.
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