Legal Question in Criminal Law in North Carolina

search warrants and my rights

A person staying with me in my residence was arrested for ''attempted abduction of minors''. He was not arrested at my place of residence. That person is being charged with more than one count. That person also had marijuana in his possession at the time of arrest. Can a search warrant be issued to come through my home and property? Also, what are my rights as far as letting the officers go through only this persons property and not my own?


Asked on 2/08/01, 5:58 pm

1 Answer from Attorneys

Donald Gillespie Attorney at Law

Re: search warrants and my rights

"...person staying w/ me in my residence" sounds like

boyfriend and, if this is a domestic matter, you

know the mother will assume you were in on the

deal somehow. I don't know why there would

be a search warrant on your premises unless

he denies that he was going to take the child

and police are looking for plane tickets to Mexico

or West Virginia. If there were phone calls

making threats from your house during a time

when you were at the residence the court may

believe you were involved, but you are not charged.

If he had a personal use amount of MJ on him at time of

arrest, police probably are not interested

in you. Beware if he is not US citizen and if he

had traffickng bulk of MJ. You and your

home would certainly be endangered and they

could claim you use your house as a felony-

maintaining a dwelling for purposes of

drug sales. You make sure you flush all

his stash now! A search warrant will allow them

to search the premises and will only

be limited by the purpose of the search, e.g.

evidence of the attempted flight or evidence

of drugs.

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Answered on 3/21/01, 5:36 am


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