Legal Question in Criminal Law in Minnesota

Re: Arrested for paraphanelia

If you are a guest in someone else's where drug paraphanelia is

found, but not on your person or anywhere near you or in any of your

personal effects, I think you are probably OK.

Re: Arrested for paraphanelia

Who was it that said, "anything is possible?" That is not the same thing as "lawful."

In Minnesota, "possession of drug paraphernalia" Minnesota Statutes section 152.092, is a "petty misdemeanor," which is not a crime under Minnesota law, subject to a fine only. Since under Minnesota Statutes Section 629.30 et seq, a police officer may only arrest a person for a "public offense," I would argue that a person in cannot lawfully be arrested under Minnesota law for a petty misdemeanor (such as "possession of drug paraphernalia"). Instead, a citation-summons to court must be given -- "tab charging" the petty misdemeanor violation.

On a practical level, if police find you in a house containing contraband, you are at risk of being charged with a crime. If you have police contact, be sure to remain silent. Do not talk to them. Do not consent to any search of yourself or your property. Request counsel with a lawyer. And stay quiet.